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1991 Supreme(All) 5

V.K.KHANNA, R.A.SHARMA
Shiv Narain Tewari – Appellant
Versus
District Magistrate, Fatehpur – Respondent


Advocates:
Advocate appeared:
S.K. Verma

JUDGMENT

R. A. Sharma, J.

1. Petitioner had taken loan from U. P. Financial Corporation for establishing a factory in the name and style of M/s. Nisha Oil Udyog village Shah Tahsil and District Fatehpur for producing mustard oil. M/s. Nisha Oil Udyog is not a registered body and the petitioner is its sole proprietor. Loan of the Corporation not having been paid in accordance with the agreement, recovery proceedings for recovering the loan as arrears of land revenue were initiated and in pursuance therefore bus number UPO 3327 belonging to the petitioner was attached by [its actual seizure on 22-8-1990 and it was sold on 6-9-1990 by a public auction to Sri Ghanshyam, respondent no. 8 for a sum of Rs. 1,75000/- and this amount having been deposited by the respondent no. 8, sale was completed and sale certificate was issued in his favour who was also given its possession.

2. Petitioner had first filed a writ petition no. 21900 of 1990 In the name of M/s. Nisha Oil Udyog through himself as proprietor for a writ in the nature of mandamus commanding the respondents to supply necessary notices of the outstanding amount and for quashing the entire recovery proceedings. After the bus was auc












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