Petitioner sought cessation of mortgage land auction proceedings by Tehsildar due to inability to repay loan. Court found misconceived upon petitioner's admission of debt and dismissed petition.
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Court No. - 36
Case :- WRIT - C No. - 35785 of 2018
Petitioner :- Ravindra Kaur Respondent :- State Of U P And 03 Others Counsel for Petitioner :- Bhupendra Kuamr Tripathi Counsel for Respondent :- C.S.C.,Rahul Sahai
Hon'ble Mrs. Sunita Agarwal,J.
Shri Aditya Singh Parihar, learned Advocate holding holding brief of Shri Rahul Sahai learned counsel for the respondent is present.
The present petition is directed against the recovery citation dated 12.9.2018 issued by the Tehsildar, Tehsil Pilibhit, District Pilibhit.
There are two main prayers in the present petition are as under:-
"A. Writ, order or direction in the nature of certiorari quashing the recovery citation dated 12.9.2018 issued by the Tehsildar, Tehsil Pilibhit, District Pilibhit. (Annexure no.1 to the writ petition).
B. Writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 to auction the mortgage land of the petitioner and recover the entire outstanding amount."
Learned counsel for the petitioner submits that the petitioner is not in a position to repay the loan and, therefore, it would be appropriate that the mortgaged land of the petitioner be put to auction for recovery of the entire outstanding amount.
Once the recovery citation has been issued by the Tehsildar in view the demand raised by the bank, it will proceed for recovery under Sections 174 and 176 of the U.P. Land Revenue Code, 2006 by adopting the mode of attachment and auction.
In view of the admission of the petitioner that he is not in position to liquidate the debt, there is no occasion to interfere in the recovery proceedings.
The present petition is, accordingly, found misconceived and hence dismissed .
Order Date :- 15.11.2018 Jyotsana
Ravindra Kaur
State Of U P
Sunita Agarwal
As recorded by the court registry
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