- (1.) Heard learned Counsel for the Petitioner, Shri R.B. Sahai for the Respondent Bank, learned Standing counsel for State Respondents and Shri Sunil Kumar for the private Respondents.
(2.) This petition is directed against an order dated 4.8.2003 whereby the Sub Divisional Magistrate has rejected the bid of the Petitioner.
(3.) Brief facts are that Shri Ram Prakash Tayagi, grand father of Respondent Nos. 4 and 5 took an agricultural loan of Rs. 42,500/-from the Respondent Bank in 1975. He did not deposit the instalments despite repeated reminders and therefore, a recovery certificate was issued on 28.3.1977. It appears that certain electricity charges were also outstanding and thus recovery citation was issued for Rs. 59,113.17/-plus interest and collection charges and for electricity dues for Rs. 8685.41/-plus interest and collection charges. As the predecessor in interest of Respondent Nos. 4 and 5 did not deposit the amount, a piece of land was attached on 20.11.1980 where after it was auctioned on 21.1.1981 where the Petitioner was the highest bidder and he deposited the entire amount on 2.2.1981. The predecessor in interest of Respondent Nos. 4 and 5 preferred a Civil Suit No. 23 of 1981 before Munsif Khurja which was dismissed on 4.2.1981 as it was not maintainable. He challenged it through an Appeal No. 18 of 1981 which was dismissed against which Writ Petition No. 17223 of 1988 was filed which also came to be dismissed on 12.3.2001.;