Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (4) TMI 1820 - HC - Indian LawsAmnesty Scheme - whether the owner of a property, which is brought to sale under the provisions of Revenue Recovery Act and bid on behalf of the Government, thus treating it as bought-in-land, can seek reconveyance of the same once the liability, against which revenue recovery action had been initiated, has been paid off subsequently either in full or under the terms of an Amnesty Scheme? HELD THAT:- The power of restitution of this Court is edificed on the acme principles of justice, equity and fair play and wherever it becomes necessary, this Court would not refrain from passing orders to ensure that litigants, who are illegally and unfairly divested of their properties, are restituted appropriately so that the allegation of unjust enrichment is not perpetrated. In the case at hand, once the orders of assessment had been set aside by Exhibit P1 order of the learned Tribunal, there was no justification for the State to hold on to the property even though such sale was confirmed in their favour by the Revenue Divisional Officer through Exhibit P2 order. The conduct of the authorities in rejecting the request made by the appellant for return of his property, on the ground that the Act does not provide for such a course is completely unfair and improper. There was no justification for the State to hold on to the property as bought-in-land and since they are refusing to return it, it would be enjoined on us, while acting under writ jurisdiction, to ensure restitution in favour of the appellant so as to obtain to him complete justice and equity. This is more so because, when we pointedly asked the learned Government Pleader whether the value of the land was taken into account while the appellant was offered an opportunity to pay off the tax amounts assessed subsequent to the sale through the Amnesty Scheme, the learned Government answered in the negative and confirmed that the value of the land was not taken into account and that the appellant had paid all the liability under the Amnesty Scheme without the value of the property being set off against it. The first respondent is directed to issue orders immediately and take action to return the property covered by Exhibit P2 order of the Revenue Divisional Officer to the appellant, after cancelling the sale and the orders of confirmation - appeal allowed.
|