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2003 Supreme(All) 2925

S.U.KHAN
Kanchan Lal – Appellant
Versus
Board of Revenue, U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Mishra, S.C. Verma and M.P. Dixit
For the Respondent: Hari Ashok Kumar and S.C.

JUDGMENT :

S.U. KHAN, J.

1. Petitioner Nos. 1 and 2, father of Petitioner Nos. 3, 4 and 5 and Respondent Nos. 8 and 9 took some loan from the Bank of Baroda for purchasing Tractor. As the loan and the interest were not paid in time, hence proceedings for recovery of the same like arrears of land revenue were initiated. The agricultural land of the debtors was auctioned twice on 3.3.1984 and 13.2.1986. The necessity for the second auction arose as the first auction was set aside by the Commissioner on 1.10.1984 on objections filed under Rule 285-I of the Rules framed under U.P.Z.A. and L.R. Act (hereinafter referred to as the Z.A. Rules). The Commissioner set aside the same on the ground of illegality and irregularity. The order of the Commissioner setting aside the first sale dated 3.3.1984 is annexed as Annexure-II to the writ petition. It has been stated in the writ petition that after the first auction sale, the entire dues were paid to the Bank. Annexure-3 to the writ petition is photostat copy of a statement of account issued by the Bank of Baroda according to which no amount remained due and account was closed on 11.7.1984. Amounts of Rs. 71,000 and odd and Rs. 30,000 are shown

















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