SHEO KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) SHISHIR Kumar, J. The present writ petition has been filed for quashing the order dated 4. 12. 1989 (Annexure 5 to the writ petition) passed by respondent No. 4 and to quash the auction dated 16. 1. 1988 made by respondent Nos. 1 to 3. Further a writ in the nature of mandamus commanding the respondents not to interfere in the peaceful possession over the petitioner's land in dispute.

(2.) THE brief facts of the case are that the petitioner has taken a loan of Rs. 14,000 from Allahabad Bank in the year 1981. Petitioner deposited a sum of Rs. 4,400 on 17. 6. 1987 towards the loan. On account of drought and unavoidable circumstances, the petitioner could not deposit the remaining amount so the bank has directed the Tehsil authorities to recover the said amount as arrears of land revenue. THE petitioner was not served any kind of notice or citation by the respondents and on 15. 1. 1988 the Amin (Collection) came to the petitioner and has received a sum of Rs. 2. 200 and a receipt to that effect was issued, which has been annexed as Annexure 1 to the writ petition. THE proceeding regarding recovery of the aforesaid amount was initiated without any information to the petitioner by the Tehsil Authorities and Tehsil authorities have auctioned the petitioner's holding of Plot No. 149 area 2 acre 85 decimal on 16. 1. 1988. When the petitioner deposited Rs. 2,200 on 15. 1. 1988, the Collection Amin has not informed anything to the petitioner regarding the auction and has assured the petitioner that the said amount will be deposited and he was permitted to deposit the remaining amount within a period of one month but the respondents authorities in an arbitrary manner behind the back of the petitioner has auctioned the property of the petitioner on 16. 1. 1988. THE aforesaid proceeding of auction was admittedly behind the back of the petitioner without any notice and citation.

(3.) THE writ petition was filed this Court on 16. 3. 1990 and interim order was passed on 29. 3. 1990 directing the petitioner to deposit Rs. 19,000 within a period of 2 months. In compliance with the aforesaid order, the petitioner has deposited the amount on 26. 4. 1990 with Tehsil Authority. THE said amount is stilllying with the respondents