LAWS(ALL)-2016-12-174

NAUBAHAR SINGH Vs. STATE OF U.P.

Decided On December 13, 2016
NAUBAHAR SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Head Sri Atul Mehra, learned counsel for the petitioners and learned Standing Counsel for the State of U.P.

(2.) This writ petition under Art. 226 of Constitution of India has been filed by four petitioners (petitioner no. 2 having died during pendency of the writ petition, is substituted by his legal heirs), challenging recovery of Rs. 6,96,222.50.00 in respect whereto impugned citation dated 24.04.2002 has been issued by Tehsildar, Nahtor, District - Bijnor. They have also challenged recovery certificate dated 04.04.2002, issued by U.P. Financial Corporation (hereinafter referred to as 'U.P.F.C.'), requesting Collector, Bijnor to recover Rs. 8,98,222.50.00 as arrears of land revenue, being outstanding amount of loan advanced by U.P.F.C., and recovery charges of Rs. 69,622.25/-, from petitioners.

(3.) Brief facts as stated in writ petition are that Ram Pal Singh (late) S/o Shadi Singh (late) constituted a partnership firm in the name and style of M/s Gramin Udhyog Shala Cane Crusher for manufacturing khandsari sugar. It obtained loan of Rs. 78,500.00 in the year 1972-73, repayable in 10 years to U.P.F.C. Loanee committed default and could not repay instalments in time. Recovery certificate was issued against petitioners and the firm in the year 1979 to recover outstanding dues at that time as arrears of land revenue. Pursuant thereto, plant and machinery of manufacturing unit of firm was auctioned in 1980 and land and building was auctioned in 1981. Thereafter, petitioners did not hear anything. It is only on 04.04.2002, recovery certificate has been issued by U.P.F.C. pursuant whereto impugned citation has been issued by Tehsildar.