BALDEO ALIAS BALDEV Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by six petitioners (5 are brothers, son of deceased Ram Bahadur who is also impleaded as petitioners No. 2) assailing order dated 27th September, 2002 passed by Commissioner, Bareilly Region, Bareilly upholding auction pursuant to recovery proceedings initiated by the Revenue Authorities for recovering dues of Panjab National Bank (hereinafter referred to as "Bank") and the order dated 26th July, 2004 passed by the Board of Revenue rejecting revision.

(2.) IT is said that WIMCO Limited (hereinafter referred to as "Company") had sponsored a scheme for plantation of poplar plant in Bareilly Region and other areas. The farmers were supplied plants by or at the instance of Company. The Bank also advanced loan to the concerned farmers on the recommendation of the Company, who had shown inclination in the aforesaid scheme i.e. plantation of poplar plants.

(3.) ON behalf of respondent Nos. 1 to 4 a counter-affidavit sworn by Sri Vinit Kumar Srivastava, Tehsildar Aonla, Bareilly has been filed. It is said that loan application was submitted by petitioners on 23.4.1988 for poplar cultivation under the scheme known as NABARD's Farm Forestry Scheme, which was a project approved by NABARD and sponsored by the Company commonly known as "WIMCO NABARD Project". The application proposed planting of 1400 trees @ Rs. 120.70 and therefore a loan amount of Rs. 1,68,980/- was applied for against mortgage of agricultural land of the petitioners measuring about 10.75 acres. The application was filed by petitioner No. 1 Baldev and Sri Ram Bahadur father of petitioners 3 to 7. The Bank sanctioned loan of Rs. 1,68,980/-. The first installment was disbursed on 28th December, 1988 while last installment was disbursed on 22.7.1992. It was liable for repayment within 8 years.