Court No. - 7
Case :- WRIT - C No. - 2053 of 2019 Petitioner :- Saroj Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Sanjay Kumar Gupta
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner states that the petitioner had taken two agricultural loans of Rs. 2,00,000/- and Rs. 1,35,000/- from the respondent bank, against which, at present, recovery certificate of Rs. 3,71,245/- is outstanding.
3. Learned counsel for the petitioner further states that the petitioner does not have any means to discharge the liability owed to the bank. He therefore prays that the petitioner's agricultural land may be auctioned/sold and the money be recovered there from.
4. Sri Sanjay Kumar Gupta, learned counsel for the respondent no. 3 and 4 states that the bank cannot conduct the auction under the Act no. 54 of 2002 as the property is an agricultural holding. However, if the petitioner so desires, the bank may allow the petitioner to sell off the properties so that the sale proceeds may be deposited directly with the bank.
5. In such circumstances, the petitioner may make an application to the District Magistrate/Collector, Firozabad, along with the certified copy of this order and his affidavit, to put the mortgaged property for auction under the U.P. Revenue Court, 2006.
6. Upon such application being filed by the petitioner, the concerned District Magistrate/Collector may proceed in accordance with law, as expeditiously as possible, so that the dues of the bank are recovered at the earliest.
7. With the aforesaid observation, the present petition is disposed of.
Order Date :- 22.1.2019 Prakhar