Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Auction proceedings conducted by the Tahsildar Auction sale Judicial audit and scrutiny Provisions of Order XXI r. 90 CPC Accountability Human values and ethics in public functionaries Amenability to judicial review Test of fairness and justice Role of public authorities Illegality and irregularity Writ proceedings u/Art. 226 Jurisdiction of the Additional Commissioner Public efficiency Sale certificate |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Maharstra Land Revenue Code, 1966 (41 of 1966) Code of Civil Procedure, 1908 (5 of 1908) Code of Civil Procedure (amendment) Act (0 of 1976) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Matter pertains to the legality, validity and propriety of the auction proceedings conducted by the Tahsildar of the subject property, originally owned by the respondent No. 1; whether the provisions of Order XXI r. 90 CPC would apply to the writ proceedings u/Art. 226 of the Constitution; and whether the Additional Commissioner, had the jurisdiction to decide the two appeals filed by the respondent nos. 1 and 6 respectively u/s. 247 of the Maharashtra Land Revenue Code, 1966.Headnotes Maharashtra Land Revenue Code, 1966 – ss. 194, 195, 212 – Auction sale – Matter pertaining to auction proceedings conducted by the Tahsildar of the subject property originally owned by the respondent No. 1 – Respondent no. 1 mortgaged its property in favour of the Bank and obtained loan – Bank assigned the debts due and payable to it in favour of the respondent no. 6 – Respondent no. 1 was in arrears of land revenue and despite issuance of demand notices failed to make the payment and as such the property owned by him was put to auction under the provisions of the Land Revenue Code – Appellant declared the successful bidder and sale certificate issued by the Additional Collector in his favour – Legality, validity and propriety of the auction proceedings conducted by Tahsildar of the subject property originally owned by the respondent No. 1 |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2024 INSC 500 |
Petitioner | M/s Al-can Export Pvt. Ltd. |
Respondent | Prestige H.m. Polycontainers Ltd. & Ors. |
SCR | [2024] 7 S.C.R. 474 |
Judgement Date | 2024-07-09 |
Case Number | 7254 |
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