JALAL UDDIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE only question that arises for consideration in this petition is if the auction proceedings of the land of Petitioner, confirmation of which has been stayed by this Court, for arrears of certain loans taken by him, are in accordance with law.

(2.) FROM various allegations mentioned in writ petition its reply in counter -affidavit specially paragraph 7 it appears to be admitted that in 1981 after deducting amount paid by Petitioner total amount outstanding against him was approximately Rupees nine thousand. It is alleged in paragraph 9 of the petition that Respondent No. 4 i.e, Tahsildar, who was annoyed with him, without issuing any notice of demand got the Petitioner's sugar -cane crop, standing on the plots mentioned therein, sold. Even if averments in respect of annoyance are ignored there is no reply in counter -affidavit if any notice of demand was served on Petitioner at any time before attaching or selling his property.

(3.) IN the result, this petition succeeds and is allowed. The auction held of Petitioner's property on 22 -1 -1982, is quashed. The Petitioner shall be entitled to its costs, which is assessed at Rupees one thousand.