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2011 Supreme(All) 763

S.U.KHAN
MOOL CHAND – Appellant
Versus
COMMISSIONER MEERUT DIVISION – Respondent


Advocates:
Counsel :
Rajiv Sharma for the Petitioner; V.K. Singh (S.C.-Gaon Sabha), C.S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—No counter-affidavit has been filed by the learned standing counsel representing the respondents. Petitioner who is member of Scheduled caste took some loan from a bank after mortgaging some of his agricultural land. He could not repay the loan. Bank threatened to start recovery proceedings. The petitioner thought that the only way of paying the loan was to sell part of his agricultural land. Accordingly, he applied on 27.12.2003 for permission to sell a part of his land to any person under Section 157-A of U.P.Z.A.L.R. Act. It is quite obvious that if something is sold in open market it fetches more price then the price which may be obtained by offering to sell the same to limited number of people. Through the impugned order dated 27.4.2005 contained in Annexure 13 to the writ petition case No. 201/D.L.R.C./2005 the A.D.M. (Administration), Ghaziabad rejected the permission (communicated the rejection order of Collector dated 24.3.2004). Against the said order revision was filed in the form of revision No. 71 of 2004-05. It was specifically argued that the land was mortgaged to the Syndicate Bank inspite of it the authorities below held that there was





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