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2012 Supreme(SC) 405

B.S.CHAUHAN, DIPAK MISRA
Ram Kishun – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellants:Dinesh Kumar Garg, B.S. Billowria, Dhanjay Garg, Advocates.
For the Respondents:T.N. Singh, V.K. Singh, Umang Tripathi, Janendra Lal & Co., Vikrant Yadav, Vinay Garg, Advocates.

Judgment :

Dr. B.S. Chauhan, J.

This appeal has been preferred against the judgment and order dated 20.1.2004 in C.M.W.P. No. 22420 of 2001 passed by the High Court of Judicature at Allahabad, by which it has affirmed the judgment and orders passed by the Board of Revenue and other revenue officials in respect of the recovery of bank dues from the appellants as their predecessor-in-interest was the guarantor of bank loan.

2. Facts and circumstances giving rise to this case are that:

A. One Ganga Prasad had taken an agricultural loan to the tune of Rs.8,425/- from the Union Bank of India (Banda Branch) on 20.3.1982 and Chuni Lal, father of the appellants stood guarantor. Ganga Prasad, debtor died in 1985 and Chuni Lal died in 1986. Chuni Lal could not pay the loan during his life time. Therefore, the bank initiated the proceedings for recovery and ultimately sent the matter to the District Collector, Banda for realisation of the loan amount as an arrear of land revenue.

B. The Collector issued citation/recovery certificate on 13.1.19986 for an amount of Rs.10,574.45 plus 10% collection charges against Ganga Prasad.

C. In order to make the recovery, land measuring 3 bigha 2 biswa














































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