KEWLA PRASAD BIDESI Vs. BANK OF BARODA BRANCH MEJA ROAD
LAWS(ALL)-2006-3-4
HIGH COURT OF ALLAHABAD
Decided on March 31,2006

KEWLA PRASAD BIDESI Appellant
VERSUS
BANK OF BARODA, BRANCH MEJA ROAD Respondents

JUDGEMENT

A.P.Sahi, J. - (1.) The petitioner, a villager and a farmer has filed this writ petition to save his prized possession of a small parcel of land by filing this writ petition, challenging the auction proceedings in favour of the respondent No. 6 Rama Kant Patel, which property had been auctioned against a loan advanced by the Bank of Baroda to the petitioner for the purchase of a vehicle (make trekker of Hindustan Motors Ltd.,) bearing Registration No. UGV 521 way back in the year 1986.
(2.) The loan was approximately Rs. 70,000/- which the petitioner attempted to return by making certain initial deposits but later on defaulted as a result whereof the respondent bank proceeded to issue a recovery certificate addressed to the Collector for recovery of unpaid dues from the petitioner as arrears of land revenue under the provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950. The recovery appears to have been initiated as per the terms of the agreement with the bank.
(3.) The agricultural land of the petitioner appears to have been mortgaged with the bank being plot No. 212 area 0.656 hectares and plot No. 898 area 0.113 hectares situated in Village Badhwa Tahsil Meja district Allahabad. According to the records which have been produced before the Court pertaining to the auction proceeding, plot No. 898 is situate beside the road and is a prime land.;


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