https://www.taxtmi.com/caselaws?id=23452 Later revenue recovery proceedings did not override the petitioner-bank's prior mortgage and decree because the Kerala Revenue Recovery Act creates a first charge only for public revenue due on land, section 68 is merely enabling, and section 40(2) of the Kerala Agricultural Income-tax Act does not confer overriding priority. The secured interest had crystallised before the State initiated recovery. The revenue authorities were also required to consider the bank's timely objection petition under section 46 on merits, and failure to do so was unsustainable. The writ petition succeeded, and mandamus was warranted for disposal of the objection petition while the interim stay continued until that disposal. en-us Thu, 19 Oct 1989 00:00:00 +0530 Sat, 19 Dec 2009 13:29:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=23452 Later revenue recovery proceedings did not override the petitioner-bank's prior mortgage and decree because the Kerala Revenue Recovery Act creates a first charge only for public revenue due on land, section 68 is merely enabling, and section 40(2) of the Kerala Agricultural Income-tax Act does not confer overriding priority. The secured interest had crystallised before the State initiated recovery. The revenue authorities were also required to consider the bank's timely objection petition under section 46 on merits, and failure to do so was unsustainable. The writ petition succeeded, and mandamus was warranted for disposal of the objection petition while the interim stay continued until that disposal. Case-Laws Income Tax Thu, 19 Oct 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=23452