GIRIJA PRASAD OJHA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri I. M. Pandey, learned counsel for the petitioner, learned Standing counsel for respondent No.s 1, 3 and 4 and Sri Mayank Pathak for respondent No.2- Bank.

(2.) By means of the present writ petition the petitioner has challenged the auction proceedings which has culminated into confirmation of the auction by the order of Sub Divisional Magistrate, Tehsil Milkipur, Faizabad.

(3.) The facts in brief are that the petitioner is a proprietor of a business firm, namely Rahul Fertilizers. He had taken a loan of Rs.10,000.00 on 31/10/1985 from Punjab National Bank, Branch, Kumarganj, District Faizabad for the purpose of fertilizer business . The said loan was enhanced to Rs.20,000.00 on 23/9/1987. The petitioner could not repay the said loan and consequently the respondent-bank initiated recovery proceedings against the petitioner by issuance of recovery certificate on 7/3/1994. Despite issuance of the recovery certificate the outstanding amount of loan was not repaid consequently the bank proceeded to auction the mortgaged property by sale proclamation on 23/2/1999 against the petitioner of the agricultural loan exiting on khata No.342, gata No.s 219 A/0/18/2, 98/1/0/9/10, 207/0-13-0, 219 Ba/1/10/14, 272 Kha/1-12-0, 280/0-17-5, 281/0/1/10 and 288/0-7-0 which land was mortgaged to secure the loan obtained by the petitioner. The auction proceedings were held on 22/3/1999 and the agricultural land of the petitioner was auctioned for an amount of Rs.52,000.00 in favour of respondent No.5.