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2008 Supreme(All) 1395

SABHAJEET YADAV
BALDEO @ BALDEV – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
C.K. Jha for the Petitioners; S.C. for the Respondents.

JUDGMENT

Hon’ble Sabhajeet Yadav, J.—By this petition the petitioners have challenged the order dated 26.7.2004 and 27.9.2002 passed by respondents No. 2 and 3 i.e. Board of Revenue and Commissioner Bareilly Region, Bareilly respectively.

2. It is stated that WIMCO Ltd. had sponsored a scheme for plantation of poplar plants in Bareilly region and other areas in which farmers of area were supplied plants at the instance of WIMCO Company and on the recommendation of WIMCO Ltd. the Bank had advanced loan to the farmers who were interested in plantation of poplar plants in the aforesaid region. Under the aforesaid scheme the Punjab National Bank had advanced loan to the petitioners on the recommendation of WIMCO Ltd. in tune of Rs. 72,500/- to be payable in 5 yearly instalments from 1988 to 1992. The aforesaid loan was not given to the petitioners directly, rather the loan amount was paid to the WIMCO Ltd. which had supplied the poplar plants for plantation. The aforesaid amount was disbursed to the petitioners under the aforesaid scheme in different years. It is stated that the plants which were planted by the petitioners were not fully grown and as per agreement WIMCO Ltd. had not purc










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