Court No. - 14 Case :- MISC. SINGLE No. - 257 of 2010 Petitioner :- Bacchu Respondent :- Collector Faizabad And Ors. Petitioner Counsel :- C.P.Shukla Respondent Counsel :- C.S.C.,Sudeep Seth Hon'ble Bala Krishna Narayana,J.
Learned counsel for the petitioner, Sri Sudeep Seth counsel for the opposite
party no. 2 and the learned standing counsel for the opposite party no. 1 and 3.
According to the learned counsel for the petitioner on account of default in
payment of dues, citation of recovery has been issued by Tehsil Authority on
a reference made to it by the respondents bank.
The submission of the learned counsel for the petitioner is that while
proceeding with the process of recovery the opposite parties should first put to
auction the immovable properties like landed property before proceeding
ahead to auction the movable properties like tractor.
Learned counsel for the petitioner had placed reliance on the judgment and
order dated 11.08.1996 passed by this ‘Court in writ petition no. 1662 of 1296,
a copy of which has been filed as Annexure no. 3 to the writ petition.
This Hon’ble High Court in the said judgment after going through the various
provisionsssss of U.P.Z.A. and L.R. Rules framed thereunder given a
concession to the petitioners of that writ petition and issued directi9on to
Tehsil Authorities first to auction the mortgaged immovable property before
proceeding ahead to auction movable property to recover the dues as arrears
of land revenue.
In view of above the opposite parties are directed first to auction the
petitioners immovable landed properties like agricultural land etc. to recover
bank dues and only thereafter proceed ahead to attach and auction movable
properties in case dues are not satisfied.
Subject to above till next date of listing neither petitioner’s tractor shall be
attached nor petitioner shall be arrested. Further recovery proceedings may go
on in accordance to law to satisfy the lean by auctioneer by immovable
mortgaged properties.
Four weeks’ time is granted to file counter affidavit, two weeks for rejoinder
affidavit.
List thereafter.
Order Date :- 22.1.2010
YK.