GANGA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Vivek Kumar Singh, learned counsel for the petitioners, learned Standing Counsel for the State, learned counsel for respondent-Bank and perused the material available on record.

(2.) By means of the present writ petition, the petitioners have challenged the auction proceedings conducted at the behest of the Collector/District Magistrate, District Hardoi whereby the agricultural land of the petitioners situated at Village Janwar, Pargana - Godwa, Tehsil- Sandila, District Hardoi in Gata (Khasra) Nos./area (in Hectare), 1411/4-18-5-0, 1378/0-7-0-0, 1427/0-10-0-0, and 1422/3/12/11-0 have been auctioned and purchased by the State in lieu of the outstanding amount due to respondent No. 4 i.e. State Bank of India.

(3.) It has been submitted by learned counsel for petitioners that the petitioners had taken an agricultural loan of Rs.8,500.00 on 8/1/1983 from the State Bank of India, Branch Sandila, District Hardoi. It is stated that against the said loan, the petitioners had deposited the loan amount of Rs.11,000.00till 28/5/1992 and also an amount of Rs.14,000.00 on 22/12/2008 as demanded by the respondent-Bank. It has been stated that some government officials went to the petitioners' land and started measuring the same and it is then the petitioners came to know that the land of the petitioners has been sold by the State Government in an auction and even subsequently, they were able to obtain the records pertaining to the said auction. The petitioners stated that the auction was held by the State Government where no bids were made and no one had participated in the said auction. It seems that the State had purchased the land for Rs.1.00 and name of the State Government had also mutated in the revenue record on 3/4/1993. It has been stated that after depositing the full and final amount of the said loan, the Branch Manager of the State Bank of India has given 'No Dues Certificate' to the petitioners on 16/7/2009 and recovery proceedings were initiated and land of the petitioners were auctioned in Rs.1.00.