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2006 Supreme(All) 1200

S.K.SINGH
NOOR AHMAD – Appellant
Versus
BOARD OF REVENUE U. P. – Respondent


Advocates appeared:
Rahul Sahai for the Petitioner; M.A. Qadeer, Ateeq Ahmad Khan, S.C., for the Respondents.
.

JUDGMENT

Hon’ble S.K. Singh, J.—By means of this writ petition, petitioner has challenged the judgment of the Board of Revenue dated 16.9.2004 and that of the Commissioner of the Division dated 5.8.1996 (Annexures 1 and 2 respectively).

2. Heard Sri Rahul Sahai, learned Advocate in support of this petition, Sri Qadeer, learned Advocate who appeared for the auction purchaser and Sri Khan, learned Advocate who appeared on behalf of the U. P. Financial Corporation.

3. There is no dispute about certain facts and therefore it may be summarised in brief for the purpose of disposal of the case. Petitioner took the loan from the U. P. Financial Corporation in the year 1985 to establish a bone mill, which was set up in the name of M/s. Ansari Bone Mill Private Limited on plot No. 402/3 (area 1.78 acres) in village Maudaha, District Hamirpur. Admittedly there was default in payment of the amount upon which U. P. Financial Corporation gave a notice to the petitioner for payment of the loan amount and ultimately on account of non payment the property which is said to be under mortgage was put to auction on 4.7.1994 in which respondent No. 7 who is represented by Sri Qadir in th


















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