SHEO NARAIN DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Learned Counsel for the parties.

(2.) Petitioner took some loan from U.P. State Sahkari Agricultural Evam Gram Vikas Bank Limited, Salempur, Deoria, which he did not repay, hence his agricultural land bearing plot No. 141 having area of 0.53 acre was auctioned on 18.08.1989 for realization of the dues. Against the auction, original petitioner preferred objection under Rule 285-I of U.P. Zamindari Abolition and Land Reforms Rules, which was rejected by Commissioner Gorakhpur, Division Gorakhpur on 7.1.1991. On the same date auction was confirmed. Original respondent No. 4 Kedar Nath Dubey was auction purchaser. Both original petitioner and original respondent No. 4 have died and have been substituted by their legal representatives.

(3.) The writ petition was earlier allowed on 14.7.2004 on the ground that the sale conducted by the Sub Divisional Officer was not valid for want of approval of the Collector.