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2024 (5) TMI 597

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....nu Ghildyal ORDER 1. Heard Shri Naveen Srivastava, learned counsel for the petitioner, Shri Manu Ghildyal, learned counsel for the revenue and Shri Nimai Das learned Additional Chief Standing Counsel for the State. 2. Counter affidavit filed today taken on record. 3. Present petition has been filed for the following relief:- "(a) a writ, order or direction in the nature of mandamus commandin....

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.... for the State respondent. 2. Petitioner is a bona fide purchaser at an auction held by none other than Union of India. At present, his grievance is despite sufficient time having passed since 1995, possession of the property purchased by the petitioner has not been made over. 3. In the above fact, we had required the learned counsel for the Income Tax Department to obtain clear instructions a....

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....has dealt with the objections raised by the trespassers on 04.09.2008. Since then the police force has not been made available. As to the documentation, at present it appears, stamp duty has never been demanded nor it may be relied as the reason to not comply with the law. 6. In any case, in view of the objections raised by learned Additional Chief Standing Counsel, issue notice to the responden....

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....on is disposed of in the following terms:- (i) The Tax Recovery Officer/ respondent no.2 shall make proper application to respondent no.3 to make available adequate police force to give effect to the Certificate of Sale dated 22.02.1995. (ii) Such application may be made within a period of two weeks from today. (iii) Upon that application being received by respondent no.3 he shall make avail....