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2020 (8) TMI 287 - HC - Indian LawsExercise of Equity Jurisdiction - Return of property which had been taken over as bought-in land (by Government) after accepting amount towards the Abkari Workers Welfare Fund dues - principles of restitution - remedy of "rescission" - HELD THAT:- Admittedly, the sale was conducted on the basis of a notice showing arrears of Abkari Workers Welfare Fund and Sales tax. It is later on admitted that there were no sales tax dues actually pending from the petitioner. That is to say, there was no proper notice as envisaged under Section 34 as also under Section 49(2)(iv) of the Revenue Recovery Act prior to the sale and the sale was for that very reason vitiated. It is admitted that the purchase was made on behalf of the Government and not on behalf of the requisitioning authority. On that ground also, the sale was vitiated. An application for re-conveyance of the bought-in land had been made within 3 months from the confirmation of the sale. It is also a fact that the Government decided in principle to return the bought-in land as per Exhibit P3. Even though Exhibit P3 was issued in 2011, admittedly, the actual amount of arrears was made known to the petitioner only as per Exhibit P5 on 4.11.2016. Apart from the fact that the sale has to be held to be invalid since the same has been completed without following the procedure prescribed by law, even on the principles of equity, it is a case coming within the remedy of "rescission" - While holding that the sale is vitiated, it cannot be forgotten that the petitioner has liabilities to the Government. In my view, equity requires that the petitioner is directed to pay the amount of ₹ 5,54,045/- along with simple interest at the rate of 6% from 4.11.2016 to 29.8.2019, and that on receipt of the same the respondents return possession of the land taken possession as bought-in land from the petitioner. It is declared that the proceedings under Section 50(2), which culminated in the taking over of the petitioner's lands as bought-in-land on behalf of the State is vitiated - respondents are directed to restore the lands to the petitioner after receiving a sum of ₹ 5,54,045/- along with simple interest at the rate of 6% per annum from 4.11.2016 to 29.8.2019 - petition disposed off.
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