MUKUT BIHARI TIWARI Vs. ALLAHABAD BANK

JUDGEMENT

(1.) Heard Mr. S.K. Tiwari, learned counsel for the petitioner and Mr. M.A. Khan, Senior Advocate assisted by Mr. Mohiuddin Khan, learned counsel for the respondents. The petitioner has sought the review of order dated 25th of November, 2009, passed in writ petition No. 5679 (MS) of 1982, on the ground that it is against the facts of the case on record. It is stated that this Court has taken the matter as the auction sale has been confirmed and sale certificate has been issued and further the possession was delivered to the auction purchaser. However, this observation of the Court is contrary to the facts on record.

(2.) The learned counsel for the petitioner contended that in the writ petition the petitioner stated that the sale proclamation was issued for holding auction sale on 16.1.1982, however, it was postponed on several occasions, but at no point of time a fresh proclamation was issued for the postponed date, whereas Rule 285-G of the U.P. Zamindari Abolition and Land Reform Rules, 1952, provides that no sale after postponement under rules 285-A and no re-sale under Rule 285-D in default of payment of purchase money shall be made until a fresh proclamation has been issued as prescribed for the original sale.

(3.) Against the loan the petitioners also deposited some of the amount, which has not been considered. The land including the Tube-well and trees has not been properly evaluated. Thus, it is stated that all these questions, which were raised before the writ Court, have not been considered in its decision.