- (1.) Heard learned counsel for the petitioners, learned State Counsel and learned counsel representing the respondent no.6.
(2.) Under challenge in this petition is an order dated 03.04.2014, passed by the Board of Revenue in a revision petition preferred by the respondent no.6 against the order dated 19.09.1994, passed by the Commissioner, Allahabad Division, Allahabad, whereby sale objections filed by the petitioners under Rule 285-I of U.P. Z.A. and L.R. Rules, 1952 (hereinafter referred to as "the Rules") against the auction sale held on 03.08.1993 were allowed and the auction dated 03.08.1993 was set aside. However, the revisional court below by the impugned order dated 03.04.2014 has set aside the said order dated 19.09.1994 passed by the Commissioner.
(3.) The facts of the case, which can be discovered from the pleadings made by the respective parties in this case, are that one Rakesh Kumar Upadhyay said to have fallen in arrear of some amount in respect of which financial assistance was provided to him by Khadi Gram Udyog Board, Allahabad. On account of default committed by him in repayment of the amount, a recovery certificate was issued by the Collector, in pursuance whereof recovery proceedings were initiated against the predecessor-in-interest of the petitioners, namely, Hanuman Prasad Tiwari. It has been stated that Hanuman Prasad Tiwari was not provided the financial assistance, he rather only stood guarantee. However, on issuance of the recovery certificate, it appears that the tehsil authorities proceeded against the petitioners' property, namely, a house which was put to auction on 03.08.1993.;