ATAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Through this writ petition, the petitioner has prayed for issuing a writ of certiorari, quashing the auction proceedings dated 13.9.2004, auctioning the petitioner's valuable land measuring about 0.650 hectare for an amount of Rs. 1,08,000/- in favour of respondent no. 6.

(2.) Heard Sri Kamal Kishore Mishra, learned counsel for the petitioner, learned Standing Counsel and Sri Ashok Kumar Srivastava along with Sri Rahul Sahai, learned counsel for the respondents.

(3.) The facts giving rise to this case are that, it appears, the petitioner was sanctioned loan for a sum of Rs. 50,000/- by respondent no. 5, the State Bank of India, in February, 2000 under Prime Minister Rojgar Yojna for running shop of general merchant. In paragraph no. 3 of the writ petition, it is stated that the petitioner was only paid Rs. 25,000/- and remaining Rs. 25,000/- was never given. Since the petitioner could not pay the loan in due time, it appears, the bank has issued a recovery certificate on 4.1.2003 for recovery of Rs. 69,729/- before respondent no. 2, the Collector, Mathura. In paragraph No. 6 of the writ petition, it is stated that without giving any information to the petitioner and without following the provisions of auction, i.e., without munadi and publication, the auction was held and a bid offered by respondent no. 6 for an amount of Rs. 1,08000/- was accepted. It is also stated that the valuation of the land is more than 5 lakhs and the Gram Pradhan has also written a letter for cancellation of the aforesaid auction proceeding on 31.9.2004.