HARISH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) The sole contention raised by the learned Counsel for the Petitioner is that even though he had filed his objections before the Tehsildar yet without deciding the same Teshildar has proceeded to recover the amount by way of auction sale. Reliance upon a decision of Apex Court in the case of Seth Banarsi Dass (dead) by L.Rs. v. District Magistrate and Collector, Meerut and Ors., 1996 2 SCC 689.

(2.) Heard learned Counsel for the parties.

(3.) In is not dispute that the Petitioner has made objection before the Tehsildar against the proposed recovery and without deciding the same recovery is being pressed against him. In view of the law laid down in the case of Seth Banasari Dass (dead) by LRs. (supra) we disposed of this petition with the direction of the Tehsildar to first decide the objection of the Petitioner within a period of six weeks from today and thereafter proceed with the recovery of the amount in accordance with law.