SUBHASH CHANDRA JAIN Vs. BOARD OF REVENUE, ALLAHABAD

JUDGEMENT

(1.) Heard Sri Manu Saxena, for the petitioner, Standing Counsel, for State of U.P., Sri V.K. Singh, for contesting respondent-5 and Sri Rohit Agrawal for respondent-6.

(2.) This writ petition has been filed for quashing the orders of Commissioner (respondent-2) dated 09.01.1998, rejecting the application of the petitioner under Rule 285-I of U.P. Zamindari Abolition and Land Reforms Rules, 1952 (hereinafter referred to as the Rules), for setting aside auction sale dated 28.10.1991 and Board of Revenue U.P. (respondent-1) dated 17.04.2001, dismissing revision of the petitioner from the aforesaid order.

(3.) The petitioner, who started business in the name and style of 'Printonics', took commercial loan of Rs. 4,98,000/- from District Co-operative Bank Ltd. Meerut (respondent-6) (hereinafter referred to as the Bank) at the rate of 12.5% per annum interest. The aforesaid amount was paid between 23.12.1988 to 03.02.1989 for purchase of plants and machineries. The loan agreement was executed on 26.09.1989. Under the loan agreement, the petitioner hypothecated plant and machineries and mortgaged premises No. 298 Western Kutcheri Raod, Meerut with the Bank. Loan was payable within a period of 7 years, in monthly installments of Rs. 6310/- from January 1990. The petitioner committed default in payment of installments, therefore, the Bank issued a Recovery Certificate in January, 1991 for recovery of Rs. 5,73,269.10 + interest + other charges to the Collector Meerut, as arrears of Land Revenue. Additional Collector (Finance & Revenue) Meerut through letter dated 28.01.1991 sent the Recovery Certificate to Tahsildar for realization of the amount, who issued citation dated 31.01.1991 to the petitioner to deposit the aforesaid amount. The petitioner filed an application dated 05.02.1991 before Tahsildar, for grant of time up to 15.02.1991, as according to him, the amount of all installments had been deposited up to date and he was persuading the officials of the Bank to recall the Recovery Certificate. Sub-Divisional Officer, however, issued arrest warrant to arrest the petitioner on 07.02.1991 and arrested him on 14.02.1991 and detained in civil imprison. Sub-Divisional Officer issued auction notice in ZA Form 74 dated 16.02.1991, (served upon the petitioner through pasting on his door), fixing 08.04.1991 for auction of mortgaged property and other property.