Sooraj Kumar vs Tahsildar

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

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 Signature Not Verified Digitally signed by Rajni Mukhi Date: 2016.05.02 to which the appellant is entitled to. 14:36:29 IST Reason: 1

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.

9. With the above observations and directions, the

appeal is disposed of. No costs.

.................J. [KURIAN JOSEPH]

....................J. [ROHINTON FALI NARIMAN] NEW DELHI;

APRIL 29, 2016

2 ITEM NO.49 COURT NO.10 SECTION XIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 23596/2015

(Arising out of impugned final judgment and order dated 17/11/2014 in WA No. 702/2008 passed by the High Court of Kerala at Ernakulam)

SOORAJ KUMAR Petitioner(s)

VERSUS

TAHSILDAR & ANR Respondent(s)

(with appln. (s) for directions and interim relief and office report)

Date : 29/04/2016 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s) Mr. Roy Abraham, adv.

Mr. Gautam Shiva Shankar, Adv. Ms. Seema Jain, Adv.

Ms. Chandrani Prasad, Adv. Mr. Himinder Lal,Adv.

For Respondent(s) Mr. Nikilesh Ramachandran,Adv.

Ms. Niraj Jha, Adv.

Mr. Saurabh Misra, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of in terms of signed non-reportable Judgment.

Pending application(s) shall stand disposed of.

(Rajni Mukhi) (Renu Diwan) SR. P.A. COURT MASTER

(Non-reportable Judgment is placed on the file)

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