BALDEV SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Standing Counsel on behalf of the State Government and one Sri dewance, Advocate holding brief of Sri Sudeep Seth for the Bank.

(2.) BY this petition, the petitioner has challenged the sale proclamation dated 27. 9. 2007 issued by respondent No. 2 for recovery of Rs. l,30,280/-as contained in Annexure-1 to the writ petition. A further relief in the nature of mandamus is sought for directing the opposite parties to drop the auction proceedings and permit the petitioner to deposit the real and actual balance amount in easy instalments.

(3.) THE relief sought in the writ petition rests on the fact that recovery proceeding has been initiated against deceased father of the petitioner who died on 3. 12. 2005. In pursuance of the said recovery proceedings 9. 5 acres land of the petitioner was put to auction in the year 2006 for a sum of Rs. 2,28,000/-which has been cancelled by the Commissioner but the aforesaid land of the petitioner has been again put to auction on 10. 10. 2003 in pursuance of sale proclamation dated 29. 9. 2007. The land included in the sale proclamation dated 29. 9. 2007 has been put for auction to recover the amount of Rs. 1,30,286/-plus interest thereon.