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2001 (7) TMI 3

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..... was not given to the appellant- Having regard to the statutory limit within which the Appropriate Authority has to act and his failure to act in conformity with the principles of natural justice - impugned order of preemptive purchase is set aside - Civil Appeal No. 3685 of 1999 - - - Dated:- 24-7-2001 - Judge(s) : S. P. BHARUCHA., Y. K. SABHARWAL. and BRIJESH KUMAR. ORDER The appellant .....

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..... t from Delhi to the appellant at Jaipur by speed post and the photocopy of the envelope shows that it was posted only on May 24, 1993. It is averred by the appellant that it was received by it on May 26, 1993. On May 29, 1993, a letter was written to the Appropriate Authority on behalf of the appellant which requested him to supply to the appellant a copy of the deed in respect of the sale instanc .....

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..... ejected the contention, as did the Division Bench in the appeal filed therefrom. The order of the Division Bench is now under challenge. We are quite unable to agree with the view taken by the High Court. The notice was addressed on May 21, 1993, from Delhi to the appellant in Jaipur fixing the hearing on May 31, 1993. It was patent that it would take two or three days for that notice to be rec .....

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..... ioned thereon. To be able adequately to respond to that allegation, it was necessary for the appellant to ascertain what the merits and demerits were of that property which had been auctioned, and to know what were the terms and conditions of the auctions No copy of any document relating to the sale instance was furnished by the Appropriate Authority to the appellant along with the notice, or at a .....

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