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2019 (10) TMI 575

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..... the original owner, the auction purchaser, it would prima facie appear, only receive title to the land subject to any subsisting impediment thereon. In any case, it is not necessary for us to make a final declaration in this respect, since the HPCL has not received any eviction notice either from respondent Nos.2 and 3 or respondent No.5 -successful bidder. If in future, HPCL receives any noti .....

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..... that respondent No.6 herein was the owner of land ad-measuring 1112 sq. meter forming part of Survey No.16/1 of Village Velugam, Patelad-Amboli, Dist. Silvasa. He entered into a lease agreement with HPCL on 28.12.2010. The lease period would be over on 31.12.2025. The HPCL allotted petrol distributorship to respondent No.6, The petrol pump would be set up on the said land and for which purpose, t .....

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..... the said auction sale in the present petition. 4] In view of the said facts, learned Counsel for the petitioners submitted that the said authorities were not justified in putting the land in question for the sale ignoring the subsisting rights of HPCL. She submitted that even before the auction was conducted, the HPCL had brought these facts to the notice of the said authorities. S .....

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..... r solely between respondent No.6 and VAT authorities. In terms of the provisions made under the relevant VAT law, the said authorities would be authorised to seek coercive recoveries of unpaid dues. Respondent No.6 had not raised any objection about the proper procedure having not been followed or that the dues being disputed. In that view of the matter, at the hands of HPCL, surely, we cannot str .....

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