2016(5) ALL MR 475 (S.C.)
(SUPREME COURT)
KURIAN JOSEPH AND ROHINTON FALI NARIMAN, JJ.
Sooraj Kumar Vs. Tahsildar & Anr.
Civil Appeal No.4602 of 2016
3rd May, 2016.
Petitioner Counsel: Mr. ROY ABRAHAM, Mr. GAUTAM SHIVA SHANKAR, Ms. CHANDRANI PRASAD, Ms. SEEMA JAIN, Mr. HIMINDER LAL
Respondent Counsel: Mr. NIKILESH RAMACHANDRAN, Ms. NIRAJ JHA, Mr. SAURABH MISRA
Recovery Proceedings - Auction sale - Challenge - Govt. auctioned appellant's property to itself on a nominal price of Re.1/- - Submission that appellant is ready to settle whole dues as per Amnesty Scheme to which appellant is entitled to - Held, if there is any Amnesty Scheme available to appellant, auction proceedings may be recalled and property be restored in favour of appellant. (Paras 3, 5, 6)
JUDGMENT
KURIAN JOSEPH, J. :- 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 to which the appellant is entitled to.
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, appeal is disposed of. No costs.