SHIV NARAIN TEWARI Vs. DISTRICT MAGISTRATE AND ORS.

JUDGEMENT

(1.) PETITIONER had taken loan from U.P. Financial Corporation for establishing a factory in the name and style of M/s. Nisha Oil Udyog village Shah Tahsil and District Fatehpur for producing mustard oil. M/s. Nisha Oil Udyog is not a registered body and the Petitioner is its sole proprietor. Loan of the Corporation not having been paid in accordance with the agreement, recovery proceedings for recovering the loan as arrears of land revenue were initiated and in pursuance therefore bus number UPO 3327 belonging to the Petitioner was attached by [its actual seizure on 22 -8 -1990 and it was sold on 6 -9 -1990 by a public auction to Sri Ghanshyam, Respondent No. 8 for a sum of Rs. 1,75,000/ - and this amount having been deposited by the Respondent No. 8, sale was completed and sale certificate was issued in his favour who was also given its possession.

(2.) PETITIONER had first filed a writ petition No. 21900 of 1990 in the name of M/s. Nisha Oil Udyog through himself as proprietor for a writ in the nature of mandamus commanding the Respondents to supply necessary notices of the outstanding amount and for quashing the entire recovery proceedings. After the bus was auctioned on 6 -9 -1990 the Petitioner filed another writ petition No. 25120 of 1990 in his own name for quashing of attachment auction sale of the bus in favour of Respondent No. 8. At the admission stage, the Respondents have filed counter -affidavit and the Petitioner filed rejoinder -affidavit in reply thereto We have heard Sri S.K. Verma learned Counsel for the Petitioner and Sri H.R. Mishra learned Counsel for the Corporation and also learned Standing counsel and the writ petition is being disposed of in accordance with Rules of the Court.

(3.) SECTION 282 of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as Act) provides for attachment and sale of moveable property for realising any amount as arrears of land revenue and its Sub -section (2) lays down that every attachment and 'sale shall be made according to the law in force for time being for attachment and sale of the moveable property in execution of decree of Civil Court. Sub -section (2) of Section 282 of the Act is quoted below: