INDU BHUSHAN GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal, by certificate, is directed against a judgment of the Allahabad High Court dated May 23, 1968, whereby it upheld a judgment of a single Judge of that Court dated March 16, 1966, dismissing the appellant's writ petition to quash recovery proceedings initiated by the Collector, Azamgarh for realisation of the sum remaining due on account of a taccavi loan under S. 7 (1) of the Land Improvement Loans Act, 1883.

(2.) The facts leading to this appeal, in brief, are as follows:The appellant and his brother, Sashi Bhushan Gupta the sixth respondent, constituted a joint Hindu family owning extensive Zamindari properties, over several districts in United Provinces including Azmatgarh zamindari comprising of 34 villages. They owned an agricultural farm known as Mukundpur Farm situate in Azmatgarh zamindari. It is alleged that by virtue of a family settlement in 1940, the appellant even though younger in age, became the karta of the joint family.

(3.) By his application dated Feb. 25, 1947 the appellant applied for a taccavi loan of Rs. 1,22,000 in the prescribed form for improvement of Mukundpur Farm, to the Director of Agriculture, United Provinces through the Collector, Azamgarh. The property offered as security for advance of the loan was the zamindari rights in Azmatgarh zamindari comprising of the aforesaid 34 villages bearing a land revenue of Rs. 11,000/-. During the verification proceedings, the appellant by his application dated February 22, 1948, offered a security of his half share in Azmatgarh zamindari, which on enquiry by the Collector for the grant of sanction for the loan, was evaluated at Rs. 1,43,869,66p. The taccavi loan was duly sanctioned by the Government on Sept. 23, 1948.