There is a case of purchase of a property in bank auction at Rs.1 cr while market value of property is Rs.1.8 cr. The lower bid was due to Rs.5.8 cr of sales tax encumbrance and some other creditors under land revenue.
As per the observation of supreme court in AI Champady 2009 case, encoumberances which diminishes below market value does not remain encumbrance.
Can one file writ petition to remove sales tax encumbrance on the property? If the encumbrance is not removed, no one ever buy the property and it shall remain unproductive for ever.
Kindly advise