PARAMJEET SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prem Shanker Pandey, learned counsel for the appellants and Sri Q.H. Rizvi, learned Additional Chief Standing Counsel for the respondents State.

(2.) This special appeal has been filed by the appellants, challenging the judgment and order dated 2.8.2019 passed in C.M. Application No. 95443 (W) of 2008 in re: Review Petition No. 336 of 2016 : Major Singh v. State of U.P. and others and Misc. Single No. 354 of 2008 : Hardayal Singh and 2 others v. State of U.P. and 4 others, whereby the learned Writ Court dismissed the writ petition no. 354 (M/S) of 2008; rejected the recall application filed against the order dated 26.10.2007 (C.M. Application No. 95443 (W) of 2008); and confirmed the order dated 26.10.2007 passed in review petition No. 336 of 2016.

(3.) Brief facts of the case are that three persons, namely, Paramjeet Singh, Jagjeet Singh and Baj Singh had taken a loan from the Union Bank of India, Eye Hospital Road Branch, Sitapur for purchase of a truck. The Bank authorities sanctioned the loan on 19.12.2003 for an amount of Rs.2,65,000/-. As security for the said amount, Paramjeet Singh and Jagjeet Singh had mortgaged 2/3rd share of land of Khata no.247 situated at Village Mainiya, Pargana Chandra, Tehsil Misirikh, District Sitapur and Baj Singh had mortgaged 1/4th share of land of Khata No.211 situated at Village Prempur. When the loan amount was not repaid, the Union Bank of India issued a recovery certificate of Rs.3,50,998/- on 6.8.2003 against the joint borrowers Paramjeet Singh and Jagjeet Singh as also Baj Singh. An auction was held thereafter by the Naib Tehsildar on 5.8.2006 in pursuance of the recovery certificate issued by the Bank. One Major Singh participated in the said auction and as he being the highest bidder, the land has been auctioned in his favour by the Auction Officer on 5.8.2006. The entire amount of Rs.1,75,000/- was deposited by Major Singh before the Tehsildar, Misirikh, Sitapur. Major Singh, subsequently, came to know from Paramjeet Singh and Jagjeet Singh that the land in dispute would again be auctioned on 13.10.2006. In these backgrounds, auction purchaser, Major Singh, has challenged the action of the respondents to re-auction the land in question by filing writ petition No.6426 (M/B) of 2006, which was dismissed vide order dated 9.10.2006.