SHYAM SINGH Vs. COLLECTOR DISTRICT HAMIRPUR U P

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is against an order passed by the High court dismissing the writ application filed on behalf of the appellant for quashing the proceedings initiated by the respondents for sale of 22 acres of land which had been mortgaged in favour of the State Bank of India (hereinafter referred to as 'the Bank') in connection with a loan amounting to Rs. 34,000. 00 advanced to the appellant in the year 1972 for purchase of a tractor. The tractor so purchased had been hypothecated with the bank.

(3.) On various dates the appellant paid Rs. 11,500. 00 towards the instalments and the interest in respect of the aforesaid loan. In July 1977, the bank approached the concerned Tehsildar for recovery of Rs. 44,872.60 the outstanding amount till that date in accordance with the procedure prescribed by Section 10-B of the U. P. Agricultural Credit Act, 1973. The Tehsildar initiated recovery proceedings and pursuant to an order passed by him on 16/12/1977, the aforesaid tractor was attached and was taken away from the custody of the appellant on 26/12/1977. From the recovery proceedings of Tehsildar it appeared that interest up to 7/07/1977 had been recovered and the total amount due was rs 40,793.29. In the column meant for estimated value for the tractor, it was mentioned as Rs. 46,146.36. In other words the estimated value of the tractor mentioned in the recovery proceedings was more than the total amount due.