In view of the above, the law can be summarised to the effect that the recovery of the public dues must be made strictly in accrodance with the procedure prescrived by law. The liability of a surety is co-extensive with that of principal debtor. In case there are more than one surety the liability is to be divided equally among the sureties for unpaid amount of loan. Once the sale has been confirmed it cannot be set aside unless a fundamental procedural error has occured or sale certificate had been obtained by misrepresentation or fraud.
The authority is duty bound to decide whether debt can be satisfied by sale of part of the property. Valuation is different from minimum price and must be done fairly.
2012 (4) ALJ 653 - Ram Kishun v. State of UP
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