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1997 (12) TMI 96

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..... the instance of both the sides, the matter is being finally disposed of. The petitioner challenges the sale proclamation dated February 4, 1997, and also the sale of the petitioner's property in question held on March 25, 1997, as per the advertisement published on March 12, 1997, and seeks a direction on the respondents from selling the property of the petitioner, without issuing a valid proclama .....

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..... the petitioner could not be allowed to be auctioned in pursuance of the notice dated March 12, 1997. It was made clear in that case that the authorities were free to proceed in accordance with law, after settling the proclamation in pursuance of the notice issued to the petitioner. There, the date for fixation of terms and conditions of the proclamation was fixed as March 31, 1997. In the instan .....

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..... mation and the auction of the petitioners property held on March 25, 1997, cannot be sustained and are hereby set aside, with liberty to the authorities to proceed in accordance with law, after settling the proclamation by issuing a fresh notice for settlement of terms and conditions of sale proclamation. Rule is made absolute accordingly, with no order as to costs. - - TaxTMI - TMITax .....

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