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Allahabad High Court
Raghubir Singh And Kamal Singh vs State Of U.P. And Others on 21 August, 2000
Equivalent citations: 2000 (4) AWC 2736
Author: Jj.
Bench: B K Roy, S Jain


JUDGMENT

Binod Kumar Roy and S. K. Jain,
JJ.

1. The following prayers have been made in this writ petition :

(i) To quash the recovery proceedings and the order dated 24.11.1977 passed by the Additional District Magistrate, Allgarh. as contained in Annexure-1.

(ii) To command the respondents to recover the loan amount from the mortgaged property and if in their assessment, the loan amount with Interest cannot be recovered from the mortgaged property, in that event to permit the petitioners to sell full or part of their holding to repay the loan amount with Interest.

2. The order impugned reads thus :

“Perused records. Applicatton of Sri Ram Chandra dated 23.9.1977 and other objections to this regard are hereby rejected.”

3. Having perused the record and heard Sri B. B. Paul, learned counsel appearing on behalf of the

petitioners and Sri P. K. Bisaria. learned standing counsel appearing on behalf of respondent Nos. 1 and 2, we find that serious objections were raised by the petitioners, which have been rejected by a non-speaking order whereas the Additional District Magistrate. Aligarh was required to give reasons for rejection of the petitions and objections mentioned in his order.

4. In the peculiar facts and circumstances, we are of the view that if the order is allowed to stand, then there will be an apparent failure of justice.

5. For the reasons
aforementioned, we set aside the
order impugned and remit back the
matter for fresh disposal in
accordance with law after giving
opportunity to all concerned by the
Additional District Magistrate,
Aligarh.

6. This writ petition is allowed to the extent Indicated as above. However, in the peculiar facts and circumstances, we make no order as to cost.

7. The office is directed to hand
over a copy of this order within one
week to Sri P. K. Bisaria, learned
standing counsel, for its intimation to
and follow up action by the authority
concerned.


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