STANDARD NUT MANUFACTURES Vs. COLLECTOR DISTRICT MAGISTRATE BULANDSHAR

JUDGEMENT

(1.) This writ petition was filed on 2.12.1975, for a writ of mandamus directing the Respondents not to realise any amount from them as arrears of land revenue and to quash the recovery certificate and citation dated 19.10.1975 for recovery of Rs. 55,012.20 as the balance amount to be paid by the Petitioner under a hire purchase agreement dated 26.8.1970 with the U.P. Small Industries Corporation Limited, Sarvodaya Nagar, Kanpur.

(2.) After exchange of affidavits the writ petition was dismissed by a judgment dated 22.8.1995 for the reason that the U.P. Public Moneys (Recovery of Dues) Act, 1972 is applicable to the dues recoverable under the hire purchase agreement. The Petitioners filed Civil Appeal No. 7341-7343 of 1997 on the ground that the writ petition was decided in the absence of Appellant and their advocate. The Supreme Court, by its order dated October 15, 2003, set aside the judgment and requested the High Court to decide the matter on merits as expeditiously as possible. The writ petition was listed on 6.1.2004 and was dismissed for want of prosecution. The restoration application was allowed on 24.7.2008.

(3.) An amendment application filed on 27.7.2008 is still pending. In paragraph 16 of the amendment application, it is stated that on 13.2.2008 the Sub-Divisional Officer, Khurja, District Bulandshahr has issued an attachment order attaching house No. 272 of Petitioner No. 2 situate in Mohalla Laxmanganj, Khurja, District Bulandshahr for recovering Rs. 1,86,121 and expenses. The Sub-Divisional Officer, Khurja has fixed a public auction of the house to be held on 20.3.2008. It is stated in paragraph-18 that the house is valued at Rs. 75 lacs. The Petitioner No. 2, under compulsion of the authorities recovering the amount, deposited Rs. 1,10,000 with Collection Amin on 17.3.2008 vide receipt of the same date and a further amount of Rs. 1,66,022 vide another receipt of the same date totalling Rs. 2,16,622.