In Brief
The Supreme Court addressed whether an auction sale for land revenue recovery could be maintained when the successful bidder failed to deposit the bid amount strictly in cash as mandated by law. The auction notice was issued and conducted within a day, and the buyer deposited one-quarter of the bid amount by cheque, which was dishonored. After several failed attempts using cheque and bank draft, he deposited the full amount in cash approximately one year later. The Board of Revenue set aside the auction, finding procedural violations and improper payment. The Court held that Rules 285-D and 285-E requiring immediate cash deposits are mandatory; cheque deposits do not satisfy the requirement. The auction was void due to non-compliance and procedural defects. However, the Court directed refund of the deposited amount with 5% interest per annum to prevent unjust enrichment."
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