2005 (11) TMI 24

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.... learned Counsel for petitioner and the learned Assistant Solicitor General appearing on behalf of the respondents and at their request the matter is taken up for disposal even at the stage of admission. Rule nisi. 2. The petitioner invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to issue a writ of Mandamus to set aside the aucti....

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....rder passed in Order-in-Appeal No. 39/2005(H-1) C.E.,dated 23-3-2005 passed by the Commissioner of Appeals. 4. The gravamen of the complaint in the instant writ petition relates to the action on the part of the 2 respondent in issuing the auction notice on 25-10- 2005 proposing to auction the land belonging to the petitioner even when stay petition and appeal preferred by the petitioner are pen....