YUDHVIR SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) THE present writ petition has been filed for setting aside the entire auction conducted by the revenue authorities in respect of the agriculture plots detailed in the petition and for issuing directions to the Chief Revenue Commissioner to decide the application of the petitioner dated 21.7.2003.

(2.) THE brief facts giving rise to this writ petition are that one Sri Budhu (now deceased) resident of Vishnupur Zhardha, Pargana Jwalapur, District Haridwar in the year 1981 has obtained certain loan from U.P. State Cooperative Agriculture and Krishi Evam Grmya Vikas Bank Ltd; Haridwar. He expired in April 1985. There were certain default in making payment of loan. Budhu was the owner of agricultural land comprised in khasara no. 19/ 2 measuring 0.082 hectare, khasara no. 21/2 measuring 1.056 hectare, khasara no. 22/1 measuring 0.533 hectare, khasara no. 23/1 measuring 0.348 hectare and khasara no. 26/2 measuring 1.999 hectare, total land measuring 4.018 hectare of village Vishnupur, Zhardha, pargana Jwalapur, District Haridwar. After the death of Budhu the land in question was mutated in the name of Vedpal and Babulal both sons of Budhu. Respondent no. 3 Kalloo who is the brother sold the land in dispute vide sale deed dated 29.10.1990 in favour of the petitioner.

(3.) IT appears that there was some recovery of the respondent no.6 i.e. Krishi Evam Gramya Vikas Bank Ltd; which was payable by Sri Budhu in pursuance of recovery certificate dated 13.5.93 of the Collector, Haridwar. The petitioner raised his objection that no such recovery proceedings can be initiated against a dead person and further there being limitation of three years the entire recovery proceedings are time barred.