RAM BAHADUR SINGH Vs. TEHSILDAR BILSI

JUDGEMENT

(1.) The petitioners have filed this writ petition, inter-alia praying for issuance of writ in the nature of certiorari quashing the certificate of recovery dated 16-6-2001 (Annexure No. 4 to the writ petition), and further for issuance of writ in the nature of mandamus directing the respondent Nos. 1 to 3 to start the proceeding for recovery against the respondent No.4 or its office bearer, and further for issuance of writ in the nature of mandamus directing the respondent No. 1 to release the tractor forthwith, which is not mortgaged property with respondent No.3 by the guarantors, and further for issuance of writ in the nature of mandamus directing the respondent Nos. 1 to 3 not to take any coercive method for recovery of loan against the petitioners till recovery proceedings against respondent No.4, debtor were exhausted.

(2.) It is alleged by the petitioners in the writ petition that a society was formed under the Societies Registration Act, namely Gayatri Gramodyog Seva Sansthan, Nizampur, Risauli. Budaun (Respondent No.4) in the year 1997 which took loan from U.P. Khadi and Village Industries Board, Budaun in the year 1997.

(3.) It is further alleged by the petitioners in the writ petition that the petitioner No.1 Ram Bahadur Singh had taken guarantee for Rupees Five lacs, putting his agricultural plots in village Risauli Pargana Kot, Tehsil Bilsi, District Budaun as security and that the petitioner No.2 had taken guarantee for Rupees Seven Lacs and mortgaged his agricultural plot in joint holdings of his share in village Risauli, Pargana Kot, Tehsil Bilsi, District Budaun along with his pucca house at district Budaun; and that tractor HMT Jeeter No. U-P-24. A-6378 was not mortgaged by guarantor for the re-payment of the loan.