BISHAMBHAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner seeking a direction in the nature of mandamus to release the attached property of the petitioner which according to him has been auctioned for Rs.1/ - in favour of the State after cancelling the auction proceedings.

(2.) THE petitioner took a Tractor Loan of Rs. 57,000/ - and Rs. 9000/ - for other agricultural activities, a total sum of Rs. 66,000/ - from the Bank -respondent no. 5 in the year 1986 -87. From the admitted facts in the writ petition he deposited a sum of Rs. 10,000/ - in the year 1992 -93 and thereafter a sum of Rs.30,000/ - on 9.1.1993. A recovery certificate in Form 'F' was issued by the Bank under Rule 27 of the Banking Rules on 8.9.1993 for recovery of outstanding demand of Rs.1,20,287/ -. A notice was issued to the petitioner by the Tehsildar filed as Annexure -3 to the writ petition, calling upon the petitioner to deposit a sum of Rs.97,939 + interest and recovery charges and fixed 27.3.1998 for the sale of attached property. On 27.3.1998, the petitioner deposited a sum of Rs.16,500/ - and thereafter requested that he is ready to deposit a further sum of Rs.20,000/ - but the District Magistrate directed him to deposit Rs.25,000/ -. There is nothing in the writ petition to show that this amount of Rs.25,000/ - was deposited by the petitioner. Thereafter the matter was referred by the District Magistrate to S.D.M. -respondent no. 2 and thereafter the property and other holdings of the petitioner were attached in pursuance of the recovery proceedings initiated earlier. The property of the petitioner is also stated to have been auctioned by the respondent no. 4 Tehsildar on 28.4.1998. Aggrieved the petitioner filed writ petitoin no. 30069 of 1998, which was disposed of by this Court by the order dated 17.9.1998.

(3.) AFTER this the petitioner is stated to have been provided with the statement of account by the respondent -bank which he has filed as Annexure -7 to the writ petition, wherein an amount of Rs.27,415/ - is stated to be outstanding against the petitioner. According to the petitioner this amount has also been deposited by him on 19.8.1999 but thereafter the statement of account which was issued by the respondent -bank mentioned that the interest from 8.9.1993 to 31.7.1999 of Rs.1,59,575/ - was further due against the petitioner.