- (1.) Since the subject matter of these applications are interwoven, with the consent of the learned counsels appearing for the parties, the Court proceeds to decide all of them by a common order which follows as under.
(2.) Instant writ petition has arisen out of the orders passed by the Revenue Courts wherein the auction sale dated 26.05.1993 has been challenged. It so happened that late Shyam Sunder, husband of the deceased-sole petitioner, Smt. Siya Dulari had taken some loan from bank for purchase of tractor. Since he committed default in repaying the loan, landed property in question was proceeded against and coercive steps were taken under the relevant provisions of U.P. Zamindari Abolition & Land Reforms Act (hereinafter referred to as ''U.P.Z.A. & L.R. Act') and the Rules framed thereunder. The coercive measures adopted ultimately resulted in auction of the land belonging to late Shyam Sunder on 26.05.1993. Late Shyam Sunder and Smt. Siya Dulari both filed an application on 15.6.1993 to set aside the auction sale dated 26.5.1993 under Rule 285-I of the Rules framed under U.P. Z. A. & L. R. Act. The said sale objection was allowed by the Additional Commissioner by means of the order dated 6.11.1997. Against the order dated 6.11.1997 whereby the auction sale was set aside, Sri Ummed Singh Jain-respondent no.5 preferred a revision petition before the Board of Revenue which was allowed by means of the order dated 14.11.2000. Remanding the matter, revisional court directed the Additional Commissioner to decide the sale objection afresh on merits. After remand, the sale objection preferred by Smt. Siya Dulari was rejected by the Additional Commissioner by means of order dated 28.10.2003. Against the order dated 28.10.2003, an application appears to have been preferred by the deceased-petitioner Smt. Siya Dulari for setting aside the order dated 28.10.2003, however, the said application was also rejected by the Additional Commissioner (Judicial), Lucknow Division, Lucknow by means of order dated 3.11.2004.
(3.) There are the aforesaid two orders of the Additional Commissioner, namely, orders dated 28.10.2003 and 3.11.2004 against which the instant writ petition has been preferred. The writ petition was listed on 06.07.2012, however, it was dismissed for non-prosecution.;