Legal Shorts; SC: Sale of immovable property to recover dues – When permissible.

Statute concerned providing for recovery of arrears of land revenue payable by any landholder in the first instance by directing attachment and sale of so much of his movable property as may be necessary to satisfy the dues.

Held, it was mandatory for the state to have justified their action by showing that sincere attempt was made to first sell the appellants’ movable properties as per the procedure in S.69 of the 1886 -Regulations and when it was noticed that it was not possible to recover the arrears by sale of all attached movables, the extreme step of recovery of arrears by sale of land was taken by taking recourse to the procedures – Assam Land and Revenue Regulations, 1886.

Case:
Prabin Ram Phukan Vs. State of Assam

Citation:
(2015) 3 SCC 605:
(2015) 2 SCC (Cri) 331.

Bench Stenghth – 2. Coram: M. Yusuf Eqbal & A.M. Sapre, JJ.

Date of decision: 11-12-2014
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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