BHAU PRATAP SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri P.V. Chaudhary, learned counsel for the petitioners and learned counsel representing for private respondents as well as learned Standing Counsel for the State.

(2.) By this petition, the petitioners have challenged the judgement and order dated 26.4.2001 passed by Board of Revenue-opposite party no.1 dismissing the revision of petitioners contained in Annexure-7 of the writ petition preferred against the judgement and order dated 25.7.1997 passed by the Commissioner, Lucknow Division, Lucknow-opposite party no.2 dismissing the objection of petitioners under Rule 285(1) of the U.P.Z.A. & L.R. Rules and auction dated 9.3.1992, contained in Annexures-5 and 3 respectively to the writ petition by seeking writ of certiorari for quashing the aforesaid orders.

(3.) The brief facts leading to the case are that the petitioner have taken loan amounting to Rs.75,000/- for purchasing a Tractor in the year 1985 from New Bank of India, Hardoi-opposite party no.4 and in lieu of loan advanced to them, they have mortgaged their Bhumidhari land situated in village Pat Kunwan, Pargana Sarah Dakshini, Tehsil and District Hardoi. The petitioner no.1 had also taken a loan amounting to Rs. 25,000/- under self employment scheme from the opposite party no.5. It is stated that on failure of repayment of loan amount in instalments the bank issued recovery certificate. In pursuant thereto the Tehsil Authorities proceeded to recover the amount by coercive method and auctioned the Tractor of the petitioners for a sum of Rs. 64,500/- on 28.8.1990. Thereafter Tehsil Authorities further proceeded to auction the land of petitioners and fixed some dates for the auction but no publicity as contemplated under Rules framed under the U.P.Z.A. & L.R. Act was done, therefore, no body appeared for bidding the property sought to be auctioned.