AMAR NATH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed by the petitioner for quashing of the orders as contained in Annexure '1' dated 15-10-1990, Annexure '2' dated 3-8-1991 and Annexure '3' dated 21-11-1991 passed by the Certificate Officer, Darbhauga, appellate authority and the revisional authority respectively. The further prayer of the petitioner is for setting aside the auction sale of his lands measuring about 16 Kathas 3 Dhurs.

(2.) THE petitioner had obtained a loan Rs. 1,79,000 from the respondent United Bank of India for purchasing a bus bearing No. BRG 6433 and as a security against the said loan, he mortgaged the said bus. He started plying the bus on 4th March, 1982. Since he had failed to make the repayments within the stipulated time, therefore, Certificate Case No. 1/1985-86 was instituted against him, which is pending before the Certificate Officer, Darbhanga, it appears that the aforesaid bus was seized in connection with the said proceedings. THErefore, the petitioner appeared in the certificate case in December, 1986 and prayed for release of his bus. Having failed to get any relief, he filed a writ application in this Court being C.W.J.C. No. 2752 of 1987 which was disposed of by order dated 4-11-1987 (Annexure 9) on the following terms: