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2008 Supreme(All) 54

SHISHIR KUMAR
SHEO KUMAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

Hon’ble Shishir Kumar, J.—The present writ petition has been filed for quashing the order dated 4.12.1989 (Annexure 5 to the writ petition) passed by respondent No. 4 and to quash the auction dated 16.1.1988 made by respondent Nos. 1 to 3. Further a writ in the nature of mandamus commanding the respondents not to interfere in the peaceful possession over the petitioner’s land in dispute.

2. The brief facts of the case are that the petitioner has taken a loan of Rs. 14,000/- from Allahabad Bank in the year 1981. Petitioner deposited a sum of Rs. 4,400/- on 17.6.1987 towards the loan. On account of drought and unavoidable circumstances, the petitioner could not deposit the remaining amount so the bank has directed the Tehsil authorities to recover the said amount as arrears of land revenue. The petitioner was not served any kind of notice or citation by the respondents and on 15.1.1988 the Amin (Collection) came to the petitioner and has received a sum of Rs. 2,200/- and a receipt to that effect was issued, which has been annexed as Annexure 1 to the writ petition. The proceeding regarding recovery of the aforesaid amount was initiated without any information to the petitioner














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