R.R. Yadav, J. - (1.) FROM the averments made in the aforesaid two writ petitions, it is apparent that proceedings for recovery of joint agricultural loan of Rs. 42,500 taken by the petitioner. Ram Sajeewan Shukla and co -loanee. Ram Naresh Shukla in the year 1978 for purchase of a tractor from New Bank of India now merged in Punjab National Bank have reached to the stage of sale of their agricultural land which is their only source of livelihood even after making five times payment of the aforesaid agricultural loan by them to the respondent -Bank. In these two writ petitions common question of law and facts are involved, therefore. I propose to decide these writ petitions by a composite order making writ petition No. 3015 (MS) of 2001 as a leading case.
(2.) BOTH Ram Sajeewan Shukla and Ram Naresh Shukla, co -loanee, belong to poor peasantry class of the State. Since both of them belong to poor peasantry class, they are illegally advised to file successive writ petitions one after other, some times in the name of Ram Naresh Shukla and some times in the name of Ram Sajeewan Shukla but were not legally advised to file a writ petition against the order of Divisional Commissioner, Faizabad Division, Faizabad dated 24.5.2000 rejecting the application moved by co -loanee. Ram Naresh Shukla under Rule 285 -I of U.P. Zamindari Abolition and Land Reforms Rules, 1952 (hereinafter referred to as the Rules of 1952) against mandatory provisions of Sections 11 and 12 of the Uttar Pradesh Agricultural Credit Act, 1973 and Rules framed thereunder. It is pertinent to mention here that in writ petition No. 2127 (MS) of 1995 confirmation of sale of plot in dispute had been stayed by learned Single Judge of this Court on 11.10.1995 which remained operative up till 7.7.1997, on which date the aforesaid writ petition was dismissed. It is revealed from perusal of record that pursuant to order dated 11.10.1995 passed in the aforesaid writ petition. The petitioner Ram Sajeewan Shukla and co -loanee. Ram Naresh Shukla deposited Rs. 1,60,000 on 16.10.1995 and Rs. 8,500 on 28.10.1995 in the office of Tehsildar, Milkipur. It is further revealed from perusal of material on record that towards payment of aforesaid joint agricultural loan of Rs. 42,500/ - for purchase of a tractor, their agricultural plot No. 1667 measuring 5 bigha, 5 biswa and 16 biswansi was auctioned for a throw away price of Rs. 1,40,000 on 15.9.1995. In the auction proceedings it is alleged that one Sher Bahadur Shukla was the highest bidder who deposited 1/4th of the amount on the date of auction and the remaining 3/4th Amount viz. Rs. 1,05,000/ - on 28.9.1995.
(3.) FEELING aggrieved against the auction dated 19.5.1995, co -loanee, Ram Naresh Shukla moved an application before the Division Commissioner, Faizabad Division, Faizabad under Rule 285 -I of the Rules of 1952, but Divisional Commissioner, Faizabad Division, Faizabad rejected his application on 24.5.2000 under the aforesaid Rules knowing fully well that petitioner Ram Sajeewan Shukla and co -loanee Ram Naresh Shukla had already deposited Rs. 1,68,500/ - pursuant to order dated 11.10.1995 passed by learned Single Judge of this Court after auction of their agricultural plot, which is their main source of livelihood.;