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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.

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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]   

      ....................J.

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