- (1.) HEARD Mr Ajay Kumar Singh, learned counsel for the petitioner, Mr D.C. Mukherjee, learned counsel for opposite party no. 6, Pandit Vijay Kumar, learned counsel for opposite parties no. 7/1 and 7/2 as well as learned Standing Counsel.
(2.) THROUGH the instant writ petition, the petitioner has challenged the order dated 31.10.1995, passed by the Sub Divisional Magistrate, Kadipur, Sultanpur and further has prayed for issuance of writ of mandamus, directing the opposite parties to deposit the arrears against the petitioner.
(3.) BY means of order impugned dated 23.12.1995 the Sub Divisional Magistrate has confirmed the auction held on 31.10.1995. The petitioner claims the violation of Rules 281 ( 2 -A),283,285,285 -A 285 -G, 285 -H, 285 -I and 285 - J of U.P. Zamindari Abolition and Land Reforms Rule, 1952( in short Rules) as well as Section 279 of U.P.& Z.A. and Land Reforms Act, 1950 ( in short Act). The petitioner along with his two brothers jointly took an agricultural loan amounting to Rs.92,000/ - from Allahabad Bank, Tavakkalpur Nagra Branch, district Sultanpur in 1989 for the purchase of a tractor. In order to secure the loan he mortgaged their agricultural land. Out of three brothers, the petitioner and his another brother committed default in repayment of loan. Therefore, the Bank concerned issued a recovery certificate to the Recovery Officer to recover the loan and pursuant to which the Recovery Officer issued an auction notice on 4.8.1995 fixing the date of auction for 4.9.1995. Thereafter second notice of auction was issued on 28.9.1995 fixing the date of auction for 28.10.1995 which was again postponed for 31.10.1995. On that date the auction took place. The petitioner's another brother did not agitate against auction but the petitioner came forward to challenge the auction of his land.;