CHANDAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ram Niwas Singh assisted by Sri A.P. Singh, learned counsel for the petitioners and Sri Shashi Nandan, learned Senior Counsel assisted by Sri Shyam Sunder Mishra for the respondents no. 5 and learned Standing Counsel state respondent.

(2.) By this petition, the petitioners have challenged the order dated 15.5.2001, contained in Annexure-7 of the writ petition and order dated 27.2.1992, contained in Annexure-5 of the writ petition passed by the Commissioner, Allahabad Division, Allahabad and further a writ, order or direction in the nature of writ of certiorari for quashing the entire proceedings including the auction sale dated 25.2.1991 and confirmation of auction sale dated 26.3.1991 and sale certificate dated 26.3.1991 issued by S.D.O. Fatehpur-respondent no.3 have also been sought for. Further a relief in the nature of mandamus directing the Commissioner, Allahabad Division, Allahabad to decide the objection of petitioners in Case no. 8 of 1990 on merits by restoring the same to its original number is also sought for.

(3.) It is stated in the writ petition that for purchasing a Tractor, Chheda Singh alias Chhedi Lal Singh, Mahipal Singh, Ram Dulare Singh, Ram Prasad, Chhabi Nath and Shri Pal have taken loan of Rs. 63,000/- from the Bank on 12.8.1984. Due to default in payment of instalments due to the Bank a recovery certificate for a sum of Rs. 1,02,280=60 p. was issued on 22.10.1989 against them. Thereafter a writ petition no. 9085 of 1990 was filed by Chheda Singh alias Chhedi Lal Singh, in which this court has permitted him to pay the loan amount in four instalments. The last instalment was payable on 30.1.1991 and recovery was stayed. It appears that on account of default of payment of instalments on the part of Chheda Singh 25.2.1991 date was fixed for auction of the property in dispute, mentioned in sale certificate dated 26.3.1991 and auction was held on the aforesaid date wherein 38 Bigha land of petitioners was sold to the respondent no.5 for Rs.95,000/-. When the petitioners came to know about the aforesaid auction, they filed writ petition challenging the said auction proceeding before this court but the said writ petition was dismissed on 27.3.1991 holding that the same was not maintainable. Thereafter there was holiday and after expiry of said holiday the petitioners have filed objection/wrongly describing as appeal under Rule 285-I of U.P.Z.A. & L.R. Act before the Commissioner, Allahabad Division, Allahabad on 1.4.1991 which was registered as Case No. 8 of 1991. The copy of said objection/appeal is on record as Annexure-4 to the writ petition.