VIRENDRA KUMAR SHUKLA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri S. R. Shukla, learned counsel for the petitioners, Sri Shantanu holding brief of Ms. Ananttika Singh for respondent No.5 and the Standing counsel on behalf of respondent Nos. 1 to 4.

(2.) By means of the present writ petition, the petitioners have challenged the auction dtd. 3/3/2023 held by Sub Divisional Magistrate, Tehsil Dalmau, Raebareli on account of recovery of agricultural loan taken by late Sri Ram Shankar Shukla, the father of the petitioner No.s 1 to 5 and husband of petitioner No.6.

(3.) It has been submitted that late Ram Shankar Shukla had taken loan of Rs.31100.00 in the year 1990-91 for agricultural purpose but could not repay the said loan installments within the prescribed time. He had taken further loan of Rs.32,000.00 from Kshetriya Gramin Bank Ltd. Branch Ghurwara, District Raebareli i.e. opposite party No.6 and another loan of Rs.40,000.00 from Uttar Pradesh Sahkari Gramya Vikas Bank, Branch Dalmau, District Raebareli and for the aforesaid loans he had mortgages his agricultural lands of gata No.s 433-KHa/0.115, 601-Ka/0.076, 611/1.00 and 925/0.526 hectares totaling to 1.717 hectares situated in Village Ranjitpur Lonari, Post Kathgar, Tehsil Dalmau, District Raebareli. Sri Ram Shankar Shukla died leaving behind his five sons and his widow who are the petitioners in the present writ petition. In the meantime, the respondent-bank initiated the recovery proceedings against the borrower and a recovery citation was also issued on 15/4/2002.