RAMESH CHAND GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr.S.P.Shukla, learned counsel for the petitioner, Mr.Mohd.Arif Khan, learned Senior Counsel for the respondent No.6, the learned Standing Counsel and perused the record.

(2.) Through the instant writ petition the petitioner has challenged the order dated 6.12.1988, passed by the Commissioner, Faizabad Division, Faizabad on the petitioner's objection moved under Rule 285-I of the U.P.Zamindari Abolition and Land Reforms Rules, 1952 filed against the auction sale dated 9.3.1987.

(3.) Briefly, the facts of the case are that the petitioner established a Firm in the name of M/s.Vishal Farm Equipments Company at Katchehri Road, Bahraich. It had a cash credit account in Bank of Baroda, Bahraich. In order to secure the loan of cash credit, he also mortgaged his agricultural plot No.663, admeasuring 2.15 acre, situated at village Sohrawa, Pargana, Tehsil and district Bahraich. Owing to dispute arisen out between the Firm and Bank, the Bank filed Civil Suit for recovery of money against the Firm before the Civil Court Bahraich, which was registered as Regular Suit No.168 of 1986. Meanwhile the Bank issued a recovery certificate to the Collector to recover the loan as arrears of land revenue. The petitioner being defendant moved an application under Order 39 Rule 1 and 2 CPC in the civil suit against said recovery in which the Bank filed an objection stating therein that the Bank has withdrawn the recovery certificate, therefore, there is no occasion to entertain the application. Under the circumstances the Civil Court refrained it from issuing any temporary injunction.