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2018 (8) TMI 877 - HC - VAT and Sales TaxAttachment of agricultural land - the property to put on auction and the entire sale consideration will directly be paid to the VAT Department - It is the case on behalf of the applicants that one Bharat Gajera, who was to purchase the agricultural land being survey No.75, Block No.76, situated at Kumbhariya, Surat, had backed away and therefore, the applicants could not sale the said property and thereby could not deposit the amount of ₹ 4.51 crores with the Department. Held that:- As it is now reported that even the proposed purchaser–Kirit Bhimjibhai Patel is not ready and willing to purchase the agricultural land in question, Shri Ravani, learned Advocate appearing on behalf of the applicants does not press the present application and seeks permission to withdraw the same. Under the circumstances, the present application stands dismissed as withdrawn, as it is reported and it is not in dispute and it is an admitted position that the applicants and others have not acted as per the order passed in SCA No.2173 of 2017 and they have even not acted as per the undertakings given by them and as the aforesaid properties are in fact under attachment for the dues of the VAT Department, the properties mentioned hereinbelow, except property No.3 – 3/2885/C, Bhanawala Apartment, Salabatpura, Surat (which is the subject matter of SCA No.11249 of 2018) should now to be sold and put to auction by the Department to realize the amount due and payable to the Department. Now the Department to dispose of the aforesaid properties under attachment of this Court pursuant to order passed by this Court dated 28.03.2017 in SCA No.2173 of 2017 by public auction and realize the amount and the amount of sale consideration shall be appropriated towards dues of M/s.Dhru Automobiles. Till then, the aforesaid properties, except property at Sr. No.3-3/2885/C, Bhanawala Appartment, Salabatpura, Surat shall be continued under attachment. The Department now through public auction to realize the amount towards its dues at the earliest, but not later than 4 months from today. Application disposed off.
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