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2014 Supreme(All) 2904

RAM SURAT RAM (MAURYA)
Mohd. Zaki Ghouri – Appellant
Versus
Board of Revenue,Lucknow Thru Member – Respondent


Advocates Appeared:
For the Petitioner: Ishraq Farooqui,Rakesh Pathak,S P Singh
For the Respondent: C.S.C.,B.L.Verma,P.K. Jaiswal,V.L. Verma

JUDGMENT

Ram Surat Ram (Maurya),J.: -

Heard Sri Rakesh Pathak for the petitioners and Sri P.K. Jaisawal and Standing Counsel for the respondents.

2. The writ petition has been filed against the orders of Additional Commissioner dated 08.04.2002 setting aside the auction sale dated 05.11.2001 as confirmed on 11.12.2001 and Board of Revenue, U.P. dated 30.01.2006, dismissing the revision of the petitioners.

3. It appears that Ram Naresh and Gajodhar (now represented by respondents-5 and 6) took loan from Punjab & Sind Bank (respondent-7) for purchasing the tractor for agricultural purposes. They committed default in payment of the installments of the loan therefore the recovery proceedings has been initiated, in which citations were issued. Ram Naresh filed Misc. Single No. 53 of 2001, before this Court against recovery proceeding, which was disposed of by order dated 11.01.2001 and he was permitted to deposit the loan amount in three equal quarterly installments. However, Ram Naresh again committed default and not complied with the order dated 11.01.2001, then the Tehsildar has decided to proceed, under Section 284 and 286 of UP Act No. 1 of 1951 to realize the loan amount by sale of












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