SOORAJ KUMAR Vs. TAHSILDAR & ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4602 of 2016, Judgment Date: May 03, 2016

                                                                     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 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,  the  appeal  is
disposed of.  No costs.


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



                                                       ....................J.
                                                     [ROHINTON FALI NARIMAN]
 NEW DELHI;
  MAY 03, 2016