- (1.) HEARD Sri Arun Kumar, for the petitioner, Standing Counsel, for State of U.P., Sri Ch. N.A. Khan and Sri S.K. Singh, for respondents -3 and 4.
(2.) THIS writ petition has been filed for quashing the orders of Additional Commissioner (respondent -2) dated 16.01.1991, allowing the application of Ranjit Singh (now represented by respondents -3 and 4) under Rule 285 -I of U.P. Zamindari Abolition and Land Reforms Rules, 1952 (hereinafter referred to as the Rules) setting aside auction sale dated 10.04.1989 and Board of Revenue U.P. (respondent -1) dated 17.12.2013, dismissing revision of the petitioner from the aforesaid order.
(3.) SUKHRAJ Singh son of Ganesh Singh, resident of village Karanda, Prabhunath Singh, Shivmurat Singh, Balwant Singh sons of Nar Singh, residents of village Khidirpur and Chandrama Yadav son of Rupa Yadav, resident of village Pratappur alias Madanpur jointly took loan of Rs. 39,000/ - from Union Bank of India Ltd. Karanda branch, Ghazipur at the rate of 12.5% per annum interest, for purchasing tractor for agricultural purposes on 09.10.1978. These persons committed default in payment of instalments, therefore, the Bank issued a Recovery Certificate in January, 1982 for recovery of Rs. 57,555.05 + interest + other charges to the Collector Ghazipur, as arrears of Land Revenue. Tahsildar issued citations to the debtors to deposit the aforesaid amount. Sukhraj Singh filed an application before Tahsildar that five persons jointly took the loan, in which his liability was 1/5th and he was ready to deposit 1/5th of the total amount due and thereafter he deposited Rs.11995/ - i.e. 1/5th of the amount of Recovery Certificate on 28.03.1982. In the recovery proceeding, the mortgaged properties were attached and auctioned on 25.05.1982. Sukhraj Singh filed an objection against the auction, on the ground that as he had already deposited 1/5th amount of his liability as such his property be not auctioned. The Collector allowed the objection of Sukhraj Singh and set aside auction sale dated 25.05.1982. Auction purchaser filed an appeal from the order of the Collector, which was dismissed by the Commissioner by order dated 11.04.1986.;