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2012 Supreme(All) 3289

ASHOK BHUSHAN, RAN VIJAI SINGH
ATAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Kamal Kishore Mishra for the Petitioner; S.C., Ashok Kumar Srivastava and Rahul Sahai for the Respondents.

JUDGMENT

Hon’ble Ran Vijai Singh, J.—Through this writ petition, the petitioner has prayed for issuing a writ of certiorari, quashing the auction proceedings dated 13.9.2004, auctioning the petitioner’s valuable land measuring about 0.650 hectare for an amount of Rs. 1,08,000/- in favour of respondent No. 6.

2. Heard Sri Kamal Kishore Mishra, learned counsel for the petitioner, learned Standing Counsel and Sri Ashok Kumar Srivastava alongwith Sri Rahul Sahai, learned counsel for the respondents.

3. The facts giving rise to this case are that, it appears, the petitioner was sanctioned loan for a sum of Rs. 50,000/- by respondent No. 5, the State Bank of India, in February, 2000 under Prime Minister Rojgar Yojna for running shop of general merchant. In paragraph No. 3 of the writ petition, it is stated that the petitioner was only paid Rs. 25,000/- and remaining Rs. 25,000/- was never given. Since the petitioner could not pay the loan in due time, it appears, the bank has issued a recovery certificate on 4.1.2003 for recovery of Rs. 69,729/- before respondent No. 2, the Collector, Mathura. In paragraph No. 6 of the writ petition, it is stated that without giving any information to the














































































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