RAJAN ROY, J.

1. The substitution of legal heirs of petitioner no. 2-Mewa Lal has been allowed but has not been incorporated.

2. Let the same be incorporated during the course of the day.

3. Heard Shri Ashok Kumar Verma, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Janardan Prasad, learned counsel for the opposite parties no. 2/1, 2/2 and 2/3.

4. The facts of the case in brief are that the land in dispute bearing Plot nos. 1399 and 1400 was mortgaged by the opposite party no. 2- Ram Charan Lal with the U.P. State Co-operative Land Development Bank Ltd. He could not redeem the mortgage and repay the loan, therefore, recovery proceedings were initiated by the Bank in terms of the U.P. State Co-operative Land Development Bank Act, 1964 as amended from time to time. In the recovery proceedings an auction was held of the aforesaid land and the petitioners were the highest bidders. It appears that either no objections were filed by the opposite parties or the said objections were rejected. Consequently, the aforesaid auction sale was held.

5. It is the contention of Shri Janardan Prasad, learned counsel for the opposite parties