Attachment Sale of immovable properties up land

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Every process of attachment sale of any immovable properties whose arrears due, shall be issued by the Collector.

Every process of attachment of any immovable property under section 174 or section 177, or for lease of any land under section 175 shall be issued by the Collector.
Such attachment shall be effected in the manner prescribed in Order 20, Rule 54 of the First Schedule to the Cpc, 1908.

Attachment of holding s/174 up land Revenue

The Collector may attach any land in respect of which any arrears of land revenue is due.
Where the amount of arrears in respect of which attachment was made under sub-section (1) is paid, such attachment shall stand withdrawn.
If the amount of arrears is not paid within a period of thirty days from the date of such attachment. The Collector may proceed in accordance with the provisions of section 175 or section 176, as the case may be.

S/175 up land Revenue Lease of holding

Where any land is attached under section 174 the Collector may, notwithstanding anything contained in this Code. But subject to such conditions as may be prescribed, let out the same for such period not exceeding ten years (commencing from the first day of July next following) as he deems fit, to any person other than the defaulter.
The person to whom any land is let out under sub-section (1) shall be bound to pay the whole of the arrears due in respect of such land. And to pay the land revenue, during the period of lease, at the rate payable by the defaulter in respect of such land immediately preceding its attachment.
If during the period of lease, the lessee commits default in payment of any amount due under the lease, and no other person is to take the land on lease for the remaining period thereof. Then such amount may be recovered from such lessee by any one or more of the processes mentioned in section 170 and the lease shall be liable to be determined.
Upon the expiry of the period of lease, the land shall be restored to the tenure holder concerned free of any claim on the part of the State Government for any arrear of revenue in respect of such land.

s/177 up land Revenue, Attachment and sale of other immovable property

Notwithstanding anything contained in any law for the time being in force, the Collector may realize any arrears of land revenue by attachment and sale of the interest of a defaulter in any other immovable property belonging to such defaulter:

Provided that the house or other building (with materials and sites thereof) and the land immediately appurtenant thereto belonging to an agriculturist and occupied by him shall be exempted from attachment under this section.

Objection against attachment, s/183 up land Revenue

Where any claim is preferred by any person other than the defaulter or any person claiming under him in respect of any property attached under this Chapter.

The Collector may, after an inquiry, held after reasonable notice, admit or reject such claim.

Provided that no such claim shall be entertained:
(a) where, before the claim is preferred, the property attached has already been sold or.

(b) where the Collector considers that the claim is designedly or unnecessarily delayed. or

Appeal before the Commissioner Up land Revenue

(2) The person against whom an order is made under sub-section (1) may, within sixty days from the date of the order.

Prefer an appeal before the Commissioner to establish the right which he claims to the property attached.

But subject to the result of such appeal, if any, the order of the Collector shall be final.

Proclamation of sale

(1) Where any immovable property is sought to be sold under the provisions of this Chapter, the Collector or an Assistant Collector authorised by him.
Shall issue a proclamation of the intended sale in the form prescribed, specifying therein-
- (a) the details of the property sought to be sold.
- (b) the estimated value, reserve price and circle rate of such property.
- (c) land of revenue, if any, payable therefor,
- (d) encumbrances, if any,
- (e) The amount of arrears for the recovery of which the property is sought to be sold.
- (f) Date, time and place of the intended sale, and
- (g) such other particulars as the Collector may think necessary.

Where the area of the land sought to be sold exceeds 5.0586 hectares, a single proclamation may be issued under sub-section (1), but the actual sale shall be made in lots of 1.26 hectares or more.

No sale shall take place until the expiry of twenty-one days from the date on which the proclamation is issued under this section.

A copy of the proclamation shall be served on the defaulter.

Affixation of proclamation S/185 up land Revenue Code

A copy of the sale proclamation referred to in section 184 shall be affixed in each of the following places:-

(a) The office of the Collector,
(b) The office of the Tahsildar of the tahsil in which the property is situate,
(c) Some other public building in the village or the area in which the property is situate,
(d) The dwelling house of the defaulter.

Sale when and by whom made, s/186 up land Revenue Code

(1) Every such sale shall be made by the Collector or by the Assistant Collector authorized by him.
(2) No sale shall take place on a Sunday or other holiday notified for State Government offices.
(3) The Sale Officer may, from time to time, postpone the sale for any sufficient reason.
(4) Where a sale is postponed for a period longer than twenty one days. or where the property is resold for default in payment of the purchase money. A fresh proclamation shall be issued in the form prescribed for the original sale.

Stoppage of the sale, s/187 up land Revenue Code

If the defaulter pays the arrears in respect of which the property is to be sold together with the cost of the process at any time, before the date fixed for the sale, the officer conducting the sale shall stop such sale.

Prohibition to bid s/188

(1) No officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, directly or indirectly.
Bid for or acquire or attempt to acquire the property sold or any interest therein.
(2) Where no bid is offered up to the amount for which the sale has been ordered, the Collector may order for bid up to the amount of such arrears.

S189 up land Revenue, Deposit by purchaser and re-sale on default

(1) The person declared to be the purchaser shall be required to deposit immediately twenty-five per cent of the amount of his bid, and in default of such deposit, the property shall be forthwith re-sold, and such person shall be liable for the expenses incurred on the first sale and any deficiency in price occurring on re-sale, and the same may be recovered from him by the Collector as if the same were an arrear of land revenue.
(2) A deposit under sub-section (1) may be made either in cash or by a demand draft (issued by a scheduled bank) or partly in cash and partly by such draft.
Explanation. – For the purposes of this section, the expression “demand draft’ includes a banker’s cheque.

Deposit of purchase money, s/190 up land Revenue Code

The balance amount of the purchase money shall be paid by
the purchaser on or before the fifteenth day. These 15 days from the date of the sale in the office of the Collector or at the district treasury or sub-treasury, and in case of default.
- (a) The property shall be re-sold and
- (b) The deposit made under section 189 shall be forfeited to the State Government.

Auction sale of land held by Scheduled Caste or Scheduled Trib, s/191 up land Revenue

Where the right, title or interest of a person belonging to a scheduled caste or scheduled trib in any land is sold by public auction, under or in accordance with the provisions of this Code. and
Any other person belonging to such caste or trib pays an amount equal to the amount of the highest bid. And a sum equal to one percent amount of the purchase money for payment to the purchaser. Within a period of thirty days from the date of such auction then.
Notwithstanding anything contained in any other provision of this Code or any other law for the time being in force, the person so offering the amount shall be entitled to preference in the matter of sale over and above any person not belonging to such caste or trib.

Highest bidder shall be entitled

Provided that if there are more persons than one making such deposit, bids shall be called from them on the spot. And the highest bidder shall be entitled to such preference.

Highest bidder is not confirmed

Provided further that where the auction sale in favour of highest bidder is not confirmed due to the preference under this section. He shall be entitled to receive back the money deposited by him plus an amount equivalent to one percent of such money deposited for that purpose.

Application to set aside the sale on deposit of arrears, s/192 Up land

(1) Any person whose holding or other immovable property has been sold under this Chapter may, at any time within thirty days from the date of sale. Apply to the Collector for setting aside the sale, on his depositing, in the office of the Collector or at the district treasury or sub-treasury.

(a) For payment to the purchaser, a sum equal to one percent of the purchase money. And
(b) for payment on account of the arrear, the amount specified in the sale proclamation, less any amount which may, since the date of such proclamation, have been paid on that account.
(c) The cost of the processes of sale including the collection charges, if any.

(2) If the amount has been deposited in accordance with sub-section (1) the Collector shall set aside the sale.

Person has applied for setting aside the sale

(3) Where a person has applied for setting aside the sale under this section, he shall not be entitled to make or prosecute an application under section 193.

Application to set aside sale for irregularity s/193 Up land Revenue

(1) At any time within thirty days from the date of sale, the defaulter or the auction purchaser or any other person. Whose interests are affected by such sale.

May apply to the Commissioner to set aside the sale on the ground of any
material irregularity or mistake in publishing or conducting it.

Set aside under sub-section (1) commissioner

(2) No sale shall be set aside under sub-section (1), unless the applicant proves to the satisfaction of the Commissioner that he has sustained substantial injury by reason of such irregularity or mistake.
(3) Subject to revision in the Revenue Board the order of the Commissioner under this section
shall be final.

Confirmation of sale s/195 up land Revenue

(1) On the expiration of thirty days from the date of sale, if no application is made under section 192 or section 193. Or if such application has been made and rejected by the Collector or the Commissioner, as the case may be.

The Collector shall, subject to the provisions of sub-section (2), confirm the sale.

Sale of immovable property amount of purchase money

(2) Where in a sale of immovable property made under this Chapter, the amount of purchase money-

(a) exceeds rupees fifty lakh, or
(b) is less than the reserve price or the amount of arrears specified in the sale proclamation.
Then the Collector shall report the matter to the Commissioner, who may confirm the sale or may pass such orders as he thinks fit.

(3) Every order of the Collector or the Commissioner under this section shall be final.

Setting aside of sale by Collector or Commissioner s/196 up land Revenue

Notwithstanding anything contained
in section 192, section 193 or section 194. If the Collector or the Commissioner, as the case may be, has reason to believe that the sale of an immovable property made under this Chapter ought to be set aside.

He may, after notice to the auction purchaser to show cause, if any, set aside the sale for the reasons to be recorded in writing.

Bar of claims against in certain cases s/197 Up land Revenue

If no application under section 193 is made within

The time specified therein, all claims regarding irregularity or mistake in publishing or conducting,
The sale shall be barred.

Refund of purchase money s/198 up land Revenue

Where the sale of any property is set aside under section 192 or section 193, the purchaser shall be entitled to receive back his purchase money.

Plus, in the case mentioned in section 192, an amount equivalent to one percent of such money deposited for that purpose by the defaulter.

S/ 199 up land Revenue, Certificate of sale

(1) After a sale has been confirmed in accordance with section 194, the
Collector shall grant to the purchaser a certificate. in the form prescribed, specifying the property sold.
The name of the person who at the time of sale was declared to be its purchaser.

Valid transfer of the property

(2) The certificate, duly signed and sealed by the Collector shall be deemed to be a valid transfer of the property specified therein.
- And it need not be registered as a conveyance, except as provided in section 89 of the Registration Act, 1908.
(3) The property specified in the certificate shall be deemed to have vested in the purchaser.
- On the date when it was sold, and not on the date when the sale was confirmed.

Certified purchaser to be put in possession s/199 up land Revenue

(1) The Collector shall put the person
declared to be the purchaser of such property into possession, and for that purpose, he may use or cause to be used such force as may be necessary.

No present right to remove

(2) Nothing in this section shall authorise the Collector to remove from the possession of any property. Any person whom the defaulter had, before the issue of process, no present right to
remove.

Application of sale proceeds s/200 up land Revenue

Where the sale of a property has been confirmed under section 194, the proceeds of the sale shall be utilised in the following order-

(a) for meeting the cost of the process and the collection charges, if any.
(b) for payment of the arrears for the recovery whereof the property was sold,
(c) The balance, if any, shall be paid to the defaulter.

Summary ejectment of unauthorized occupants, s/201 Up land Revenue

Any person taking or retaining possession of any land or other property attached, leased or sold under this Chapter. Otherwise than in accordance with the provisions of said Chapter.

May be summarily ejected by the Collector who may use or cause to be used such force as may be necessary.

Bar of suits on assessment or collection, s/202 up land Revenue Code

Subject to the provisions of section 203, no suit or other proceedings shall lie in any Civil Court in respect of any assessment.

Or collection of land revenue or the recovery of any sum recoverable as an arrear of land revenue.

Payment before suit, recovery up land Revenue s/203 Up land Revenue

Whenever proceedings are taken under this Chapter against any person for the recovery of any arrear of land revenue. He may pay the amount claimed to the recovery officer, and upon such payment.

The proceedings shall be stayed, and the person against whom such proceedings were taken.

May notwithstanding anything contained in any other provisions of this Code, sue the State Government in the Civil Court for the recovery of amount so paid.

Other payments not to be a valid discharge, s/204 up land Revenue

No payment on account of rent or other dues in respect of any land attached under this Chapter, made after such attachment, by the asami or any other person in possession.

Thereof to any person other than the revenue officer authorized in this behalf, shall operate as valid discharge.

Applicability of the Chapter of recovery up land Revenue s/205

The provisions of this Chapter shall apply to the recovery of all arrears of land revenue.
And all other sums recoverable as an arrear of land revenue whether due before or after the commencement of this Code.