Full Judgment Text
REVISED
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4602 OF 2016
(Arising out of SLP (C) No.23596 of 2015)
SOORAJ KUMAR APPELLANT
VERSUS
TAHSILDAR & ANR. RESPONDENTS
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved of the recovery
proceedings initiated against him culminating in the auction
sale of the property belonging to him.
3. It appears that the Government had auctioned the
property to itself on a nominal price of Re.1/- apparently
JUDGMENT
in full and final settlement of dues.
4. It is submitted that the whole proceedings of
auction are vitiated since there was no proper inquiry on
the market value
5. Be that as it may, the learned counsel for the
appellant, on instruction, submits that the appellant is
prepared to settle the whole dues as per the Amnesty Scheme
to which the appellant is entitled to.
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6. We make it clear that in case there is any Amnesty
Scheme available to the appellant and in case the appellant
is prepared to pay the amounts as per the Scheme, the
auction proceedings may be recalled and the property be
restored in favour of the appellant.
7. The learned counsel for the appellant further
submits that an application has already been filed by the
appellant in that regard. If that be so, appropriate action
on the application filed by the appellant be taken within a
period of three months from today.
8. The amount of Rs.10 lakhs deposited as per this
Court's order dated 17.08.2015 shall be adjusted towards the
amounts due from the appellant as per the Amnesty Scheme.
9. With the above observations and directions, the
appeal is disposed of. No costs.
.................J.
[KURIAN JOSEPH]
JUDGMENT
....................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
MAY 03, 2016
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