Keywords: Andhra Pradesh High Court, Auction, Justice Ravi Nath Tilhari, Atavur Rahaman (Kamaal) v. State of Andhra Pradesh & Ors
In a recent judgment in the case of Atavur Rahaman (Kamaal) v. State of Andhra Pradesh & Ors.[1], the bench of Justice Ravi Nath Tilhari has ruled that in case of an auction, there must remain a reasonable time gap between the date of the auction and the publication in the newspaper informing the public about taking of the auction.
The judge also stated that the main reason for publishing about the auction in newspaper/s is to inform the public and make them aware that a public auction is about to take place so that willing people can be informed in time and fulfill the auction prerequisites.
In the given case, an annual auction was conducted on 4th March by the Pedana Municipality for the collection of market fees for the year 2023-24. However, the notification informing the same was published in the newspaper just two days before the auction. As a result, the court ruled that a two-day notice to the public requesting fulfillment of all procedures is not a fair time frame.[2]
In terms of what constitutes a “reasonable” time gap, the court has stated that it is highly unlikely to provide a single universal time gap that is reasonable, as the gap may vary from case to case and may differ in different cases. However, in this case, the period of one or two days cannot be held reasonably, and thus the auction was quashed. The court also stated that a 14-day period between the newspaper publication and the auction is reasonable.
Written by- Satyanshu Sharma, College name- Rajiv Gandhi National University of Law, Patiala, Semester- 2ndAn intern under Legal Vidhiya
[1] https://indiankanoon.org/doc/84963/ (last accessed on 22nd June, 2023).
[2] BAR AND BENCH, https://www.barandbench.com/news/litigation/newspaper-publication-before-public-auction-not-empty-formality-andhra-pradesh-high-court (last accessed on 22nd June, 2023).
0 Comments