2020 AIR CC 2968 (KER) ::AIROnline 2020 Ker 663 ::(2020) 5 Ker LT 397

Kerala High Court

Hon'ble Judge(s): V. G. Arun , J

Kerala Revenue Recovery Act (15 of 1968) , S.52, S.53, S.83(2)— Auction sale - Revenue recovery proceedings - Land owner could have averted confirmation of sale by remitting amounts stipulated in S.52 within 30 days of sale - Instead he approached Govt and obtained stay order - No provision in Act empowering Govt to issue stay order that too without hearing affected parties - No proof that land owner offered any payment or of any such attempt made towards recovery proceedings - Mere pendency of revision u/S.83(2) does not have effect of stultifying further process in revenue recovery proceeding - Order setting aside sale, unsustainable - Auction purchaser entitled to sale certificate. (Para 10 11 13 15)