Rajan Roy, J. - (1.) This is a writ petition under Article 226 of the Constitution of India challenging the auction proceedings and orders dated 26.3.1991 and 27.9.1999 passed by the Commissioner, Lucknow Division and the Board of Revenue and seeking certain other reliefs such as a direction to the respondents not to interfere in the peaceful possession of the petitioner over the land in question. This Court while entertaining the writ petition had passed an interim order on 11.8.1994 which reads as under:- "Learned Standing Counsel accepted notice on behalf of opposite parties No.1 to 5. Sri N.K. Seth has accepted notice on behalf of opposite party no.6. They may file a counter affidavit within three weeks. Rejoinder affidavit, if any may be filed within one week thereafter. List thereafter in October, 1994. Issue notice to opposite party no.7. Till the next date of listing, parties shall maintain status-quo regarding the possession of the property. Learned counsel for the petitioner is permitted to file supplementary affidavit annexing therewith a copy of the order by which the auction sale has been confirmed within one week from today. He shall also serve a copy of the same through learned Standing Counsel."
(2.) The facts of the case in brief are that the predecessor in interest of the petitioner was the owner of the land in question bearing plot no.476-A measuring 6 Biswa, 6 Biswansi, plot no.476-B measuring 12 Biswa and plot no.738 measuring 3 Bigha, 17 Biswa and 15 Biswansi, total area being 4 Bigha, 16 Biswa and 1 Biswansi situated at village Lalpur, Pargana-Sadarpur, Tehsil- Mahmoodabad, District- Sitapur.
(3.) On account of certain sales-tax liabilities for the years 1980-81, 1981-82, 1982-83, 1983-84, a recovery certificate was issued against the original petitioner, Babu Ram in pursuance to which steps were taken for auctioning the aforesaid land in question. It is not out of place to mention that this very land appears to have been already mortgaged by Shri Babu Ram with the State Bank of India in respect of some tractor loan and as per the counter affidavit filed by the said bank, the mortgage had not been redeemed. Be that as it may, in pursuance to the aforesaid recovery certificate auction proceedings were initiated. Several times sale proclamation was issued but the auction could not take place. Ultimately the auction did take place on 15.7.1988. It is not out of place to mention that initially the estimated value of the land for the purposes of auction which is required to be mentioned in the sale proclamation and at the time of sale, was assessed as Rs. 20000/- which was reduced to about Rs. 13000/- in the last auction which actually took place and in respect of which the opposite party no.7 was the auction-purchaser, i.e. the predecessor in interest of the opposite party no. 7/1, 7/2 and 7/3. Within thirty days of the auction-sale objections were filed by the petitioner under Section 285-I of the U.P Zamindari Abolition & Land Reforms Rules, 1952 i.e. on 12.08.1988. A copy of the said objections are on record as Annexure No.10 thereof.;