SHANTI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant filed objections before the Divisional Commissioner, Lucknow in regard to the sale of her agricultural land in an extent of 8.50 acres held on 25-2-1982 and confirmed on 2-8-1982 under the provisions of Section 279 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, (hereinafter called the Act). The Commissioner, by order dated 26-9-1983 dismissed the objections. The writ petition of the appellant questioning the same was dismissed by the High Court on 7-5-1997. This appeal arises out of the said order.

(3.) The sale was conducted for recovery of arrears of Bank loan in a sum of Rs. 11,619.73 (together with interest) due to the Central Bank of India, Branch Sitapur pursuant to a certificate for recovery issued under Section 11A of the U.P. Agricultural Credit Act, 1973. The revenue sale was for Rs. 13,000/-. The land was under mortgage to the Bank for a loan of Rs. 7,000/- obtained for purchase of a pump-set. The auction sale dated 25-2-1982 was confirmed by the Assistant Collector on 2-8-1982 after obtaining an affidavit from the purchaser that even after this purchase, the purchasers holding remained below acres 12.50. During the pendency of this SLP, the appellant was directed to deposit a sum of Rs. one lakh by order dated 16-6-1997 and the same has been deposited in this Court. By another order dated 15-7-1997, the said amount has been directed to be invested in a short term deposit.