w w w . L a w y e r S e r v i c e s . i n



Data Ram Sharma v/s Board of Revenue & Others


Company & Directors' Information:- SHARMA INDIA PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035620

Company & Directors' Information:- SHARMA CORPORATION PRIVATE LIMITED [Active] CIN = U51909WB2017PTC220657

Company & Directors' Information:- RAM DATA PRIVATE LIMITED [Strike Off] CIN = U64202KA1998PTC023377

Company & Directors' Information:- SHARMA AND SHARMA PRIVATE LIMITED [Active] CIN = U74900DL2015PTC276949

Company & Directors' Information:- SHARMA & CO. PVT LTD. [Strike Off] CIN = U28991WB1949PTC018064

    Misc. Single No. 729 of 2014

    Decided On, 17 February 2014

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE ANJANI KUMAR MISHRA

    For the Appellant: Ratan Kumar Sharma, Advocate. For the Respondents: Nishant Shukla, Vinay Shanker, Advocate.



Judgment Text

Anjani Kumar Mishra, J.

1. Heard Sri R.K. Sharma, learned Counsel for the petitioner, Shri Nishant Shukla, who has filed caveat on behalf of the opposite party No. 8 and, Shri Vinay Sankar, learned Counsel for the Allahabad Bank, respondent No. 8. This matter came for admission on 17.2.2014 when the matter was adjourned for 17.2.2014 (i.e. today) to enable the Counsel for the Bank to seek instructions in this matter.

2. Today, when the case was taken up Shri Vinay Shankar has stated that he has been instructed that the account wherein recovery proceedings were initiated against the petitioner for nonpayment of an agricultural loan has been closed. No records are available regarding the said account and it appears that consequent to the recovery proceedings and subject to whatever was recovered, the account had been closed and if any balance remained unpaid the same must have been written off. He further states that in view of the instructions received, the respondent-bank is no longer interested in contesting this writ petition.

3. Learned Counsel for the petitioner states that the only contesting respondent in the writ petition is the respondent No. 8, Smt. Hind Kumari. She has purchased her land, subject matter of dispute in the instant writ petition, in the auction held in the recovery proceedings initiated for recovery of the agricultural loan advanced to the petitioner. The amount sought to be recovered was about Rs. 80,000/-. He further states that other private respondents, namely, 5, 6, 7 and 9 are only formal parties.

4. The learned Counsel for the respondent No. 8 on the contrary states that the respondent No. 9 is dead and the writ petition has been preferred against a dead person.

5. Be that as it may, in view of the orders proposed to be passed in this writ petition no notices are being issued to the aforesaid private respondents, namely, 5, 6, 7 and 9 as they are stated to be only formal parties. However, in case any of these respondents is aggrieved or prejudiced by the orders passed it will be open for them to file an application for recalling this order. Even respondent No. 8 is stated to be only a formal party and therefore his death will not result in abatement.

6. It is the admitted case of the petitioner that he obtained an agricultural loan from Allahabad Bank, Branch Lakhimpur, District Kheri for purchasing a tractor and mortgaged plot No. 358, area 3.48 acres to secure the aforesaid loan. The petitioner had half share in the said plot. The said mortgaged plot was auctioned on 15.3.1999 in favour of the opposite party No. 8 for a sum of Rs. 35,000/-. It is further stated that the petitioner came to know about this auction on 24.5.1999 and therefore on 27.5.1999 filed a sale objection under Rule 285-T of the U.P. Zamindari Abolition and Land Reforms Rules, 1952, along with an application for condonation of delay.

7. The sale objection aforesaid was filed alleging that the petitioner had no notice of auction proceedings as Form No. ZA-73-D and Form 74 were never served upon the petitioner There was non-compliance of Rules 281, 282 and 285-A of the Rules. The land in question having an area of 1.75 acres was auctioned for a very meagre sum of Rs. 35,000/- only, although its value at that point of time was at least Rs. 2,00,000/. The auction proceedings were further vitiated as no reserve price had been fixed and the auction sale was confirmed in complete disregard of Rule 285-A.

8. The Additional Commissioner Administration, Lucknow Division, Lucknow rejected the objection filed by the petitioner on the ground of delay, He further recorded a finding that there was no illegality in conducting the auction sale. The order aforesaid was challenged by means of a revision No. 35 of 2002-03 on the ground that the auction sale had been made without prior attachment of the land in dispute. The auction was held by the Nayab Tehsildar although it was the Collector alone who was competent to hold the auction and the same was wrongly confirmed by the Sub Divisional Officer, Lakhimpur and thus the entire auction proceedings were void.

9. Learned Counsel for the caveator has seriously contested the submissions made by the learned Counsel for the petitioner. He has submitted that the petitioner was all along aware about the auction sale and therefore his sale objection has rightly been dismissed on the ground of delay and there is no illegality in the impugned orders which refuse to extend the benefit of section 5 of the Limitation Act to the petitioner.

10. I have considered the submissions made by the learned Counsel for the parties and have perused the record. The two most important points that emerge from the submissions made by the learned Counsel for the parties as also the record are that the sale objection has been dismissed only on account of delay which cannot be said to be very substantial as the sale objection was belated by only about two months.

Secondly, the auction sale of 1.75 acres of land for sum of Rs. 35,000/- only appears to be for a very meagre amount.

11. The other objections raised by the petitioner in his objection prima facie appear to be very serious and if true will definitely vitiate the entire auction sale. However since these objections have not been considered on merits, I am not expressing any opinion regarding the same but in the facts and circumstances of the case I deem it fit to set aside the impugned orders whereby the sale objection filed by the petitioner, has been dismissed merely on the ground of delay. Since the delay is not inordinate, it would be proper and in the interest of justice that the sale objection be considered on the merits of the allegations made therein, subject to a deposit of Rs. 60,000/- being made by the petitioner before the respondent No. 2 within a period of three weeks from today i.e. on or before 10th March, 2014.

12. In case the deposit of a sum of Rs. 60,000/- is made by the petitioner to establish his bona fides within the stipulated time. The respondent No. 2 shall consider the sale objection on merits and decide the same after affording opportunity to the parties to adduce evidence and after hear

Please Login To View The Full Judgment!

ing them. This exercise may be completed preferably within a period of six weeks from the date the requisite amount is deposited by the petitioner. It is further provided that the opposite party No. 2 shall ensure that no unnecessary adjournment is granted to either of the parties. In view of the discussion and subject to the directions as aforesaid the writ petition is allowed. The orders dated 29.11.2013 and 18.11.2002 passed by the opposite party Nos. 1 and 2 respectively are quashed and the respondent No. 2 is directed to dispose of the said objection of the petitioner on merits. The amount deposited by the petitioner shall abide the final decision in the matter, on merits.
O R







Judgements of Similar Parties

23-06-2020 Bharat Sanchar Nigam Ltd., Through The General Manager & Another Versus Narendra Kumar Sharma National Consumer Disputes Redressal Commission NCDRC
22-06-2020 Ashok Sharma Versus State of Assam & Another High Court of Gauhati
15-06-2020 Rajan Sharma & Another Versus Union of India & Another Supreme Court of India
02-06-2020 Prateek Sharma & Another Versus Union of India & Another High Court of Delhi
30-05-2020 Kshitiz Sharma Versus The State of Rajasthan, Through Additional Chief Secretary, Finance Department, Government of Rajasthan, Jaipur & Others High Court of Rajasthan Jaipur Bench
14-05-2020 Meena Sharma Versus Nand Lal & Another High Court of Delhi
06-05-2020 Kamla Sharma Versus North Delhi Municipal Corporation High Court of Delhi
29-04-2020 Anurag Sarmah @ Sharma Versus State of Assam & Another High Court of Gauhati
20-04-2020 Dr. Mahesh Sharma & Another Versus Cabinet Secretary, Govt. of India, Cabinet Secretariat, New Delhi & Others High Court of Rajasthan
15-04-2020 Sanjeev Sharma Versus State (N.C.T. of Delhi) High Court of Delhi
13-04-2020 Mamta Sharma & Another Versus State of Chhattisgarh Through The Chief Secretary, Chhattisgarh & Others High Court of Chhattisgarh
08-04-2020 C.H. Sharma & Another Versus State of Maharashtra & Others In the High Court of Bombay at Nagpur
30-03-2020 Prashant Sharma Versus State of Sikkim & Others High Court of Sikkim
20-03-2020 Anju Sharma Versus Sunita Kumari & Others High Court of Jammu and Kashmir
18-03-2020 Shambhu Prasad Sharma Advocate Versus Renu Jogi High Court of Chhattisgarh
18-03-2020 State of M.P. & Others Versus Rajendra Kumar Sharma High Court of Madhya Pradesh Bench at Gwailor
18-03-2020 Saurav Sharma Versus State of HP & Others High Court of Himachal Pradesh
17-03-2020 Aashu Pandit @ Aashu Bajpai @ Aash Narayan Sharma Versus Union of India High Court Of Judicature At Allahabad Lucknow Bench
13-03-2020 Unnati Bhardwaj & Another Versus K.P. Sharma High Court of Delhi
11-03-2020 Ajay Sharma & Others Versus Kulwant Singh High Court of Delhi
05-03-2020 Sancha Bahadur Subba Versus Ramesh Sharma High Court of Sikkim
04-03-2020 Ashok Kumar Sharma Versus Nirmaldas Manikpuri High Court of Chhattisgarh
04-03-2020 Amitabh Versus Amit Rghunandan Saran Sharma & Another In the High Court of Bombay at Nagpur
28-02-2020 Dilip Kumar Sharma Versus State of Chhattisgarh High Court of Chhattisgarh
25-02-2020 Mahesh Kumar Sharma Versus The Commissioner, Kendriya Vidyalaya Sangathan, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
24-02-2020 Sarwan Kumar Sharma Versus Ranjana Sharma @ Ranjana Rani & Another High Court of Delhi
19-02-2020 Bhupendra Sharma & Others Versus Union of India, Represented By The Secretary Ministry of Defence, New Delhi & Others High Court of Kerala
18-02-2020 ICICI Bank Ltd., Rajashtan & Others Versus Ravindra Kumar Sharma & Others National Consumer Disputes Redressal Commission NCDRC
18-02-2020 M/s. Reliance General Insurance Company Versus Rakesh Sharma & Others Delhi State Consumer Disputes Redressal Commission New Delhi
17-02-2020 Ram Prakash Sharma Versus State of Bihar High Court of Judicature at Patna
14-02-2020 Vinay Sharma Versus Union of India & Others Supreme Court of India
13-02-2020 Harinarayan Sharma Versus Vijay Kumar Soni National Consumer Disputes Redressal Commission NCDRC
12-02-2020 Umesh Chand Sharma & Others Versus Parsvnath Developers Limited National Consumer Disputes Redressal Commission NCDRC
12-02-2020 Praveen Kumar Sharma Versus State of U.P. through its Principal Secretary (Home), Secretariat, Lucknow, U.P. & Others High Court of Judicature at Allahabad
11-02-2020 Shashibala M. Sharma Versus ICICI Bank Ltd. National Consumer Disputes Redressal Commission NCDRC
10-02-2020 Mukulika Sharma & Others Versus The State of Rajasthan, Through Secretary, Secondary Education, Govt. of Rajasthan, Secretariat, Jaipur. & Others High Court of Rajasthan Jaipur Bench
10-02-2020 Brahmacharimayum Achou Sharma & Others Versus The State of Manipur through the Chief Secretary-cum-Secretary (Power), Govt. of Manipur & Others High Court of Manipur
06-02-2020 Mahesh Kumar Sharma Versus The Principal, Vidya Niketan Birla Public School, Pilani District Jhunjhunu & Others High Court of Rajasthan Jaipur Bench
06-02-2020 Nitin Sharma Versus State (Govt. of Nct of Delhi) High Court of Delhi
06-02-2020 Kanwar Pal Sharma Versus State (NCT of Delhi) High Court of Delhi
06-02-2020 Vipin Sharma Versus Securities and Exchange Board of India, SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
05-02-2020 Union of India & Another Versus Vinay Sharma & Others High Court of Delhi
04-02-2020 Shubhash Kumar Sharma Versus Harish Chander Rawal National Consumer Disputes Redressal Commission NCDRC
03-02-2020 Puroshattam Sharma Versus Executive Engineer, Gwalior North M.P. Madhya Kshetra Vidyut Vitran Co. Ltd. & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
03-02-2020 Axis Bank Limited V/S Ravindra Kumar Sharma and Others. Debts Recovery Tribunal Delhi
30-01-2020 Veena Rani & Others Versus Purshottam Dass Sharma & Others High Court of Delhi
29-01-2020 Shivam Sharma Versus Union of India & Others High Court of Punjab and Haryana
27-01-2020 M/s. CNA Exports (P) Ltd. Versus Mansi Sharma & Others High Court of Delhi
27-01-2020 Omaxe Chandigarh Extension Developers Pvt. Ltd., Mullanpur & Another Versus Sheshpal Sharma & Another National Consumer Disputes Redressal Commission NCDRC
23-01-2020 Bajrang Lal Sharma Versus C.K. Mathew & Others Supreme Court of India
22-01-2020 M/s United India Insurance Company Limited, Tadepallygudem Versus V. Narahari Sharma & Another High Court of for the State of Telangana
22-01-2020 Deepak Sharma Versus Jabalpur Development Authority & Another High Court of Madhya Pradesh
16-01-2020 Rajasthan State Road Transport Corp. Managing Director & Another Versus Ramesh Kumar Sharma Supreme Court of India
15-01-2020 New Delhi Municipal Council Versus Vijay Kumar Sharma High Court of Delhi
14-01-2020 Sonia Sharma Versus State of Jammu & Kashmir & Others High Court of Jammu and Kashmir
14-01-2020 Vinay Sharma Versus The State of N.C.T. of Delhi Supreme Court of India
10-01-2020 Goutam Buddha Agrawal Versus Satyanarayan Sharma & Others High Court of Chhattisgarh
08-01-2020 Badri Narayan Sharma Versus Commissioner of Customs, Central Excise & Service Tax, Jaipur Customs Excise amp Service Tax Appellate Tribunal Principal Bench New Delhi
08-01-2020 Badri Narayan Sharma V/S Commissioner of Customs, Central Excise & Service Tax, Jaipur Customs Excise Service Tax Appellate Tribunal Principal Bench New Delhi
07-01-2020 J.S. Sharma & Sons Versus Shiv Devi Meena High Court of Delhi
02-01-2020 Mithun Kumar Sharma Versus Mamta Sharma High Court of Rajasthan Jaipur Bench
23-12-2019 BPTP Ltd., Through its Managing Director, New Delhi Versus Pradeep Sharma & Others National Consumer Disputes Redressal Commission NCDRC
19-12-2019 Indrakumar Sharma Versus The State of Karnataka, Represented by State Public Prosecutor High Court of Karnataka
18-12-2019 Ambika Jain & Others Versus Ram Prakash Sharma & Others High Court of Delhi
17-12-2019 Raj Kumari & Others Versus Surinder Pal Sharma Supreme Court of India
16-12-2019 Abhey Kumar Sharma & Another Versus Ansal Hi-Tech Townships Ltd. Delhi State Consumer Disputes Redressal Commission New Delhi
16-12-2019 Savita Sharma & Others Versus Master Abeer Singh & Others High Court of Himachal Pradesh
13-12-2019 M/s. State Bank of Mysore, (Now State Bank of India), Sharad Sharma, (Retd.) Managing Director & Others Versus P. Mukundan & Others High Court of Karnataka
13-12-2019 Vishnu Kant Sharma Versus Chief Election Commissioner & Others High Court of Madhya Pradesh Bench at Gwailor
09-12-2019 State of H.P. & Another Versus P. C. Sharma High Court of Himachal Pradesh
09-12-2019 Bharati Sharma Versus The State & Others High Court of Delhi
06-12-2019 Arun Vats Versus Pallavi Sharma & Another High Court of Delhi
05-12-2019 Bses Yamuna Power Ltd. Versus Ghanshyam Chand Sharma & Another Supreme Court of India
05-12-2019 M/s. C.E.S.C. Ltd. & Others Versus Vidya Bhusan Sharma West Bengal State Consumer Disputes Redressal Commission Kolkata
04-12-2019 Divisional Manager, LIC of India Versus Renuka Sharma High Court of Delhi
03-12-2019 Santosh Sharma Versus Vishnu Maheswari & Others Supreme Court of India
03-12-2019 Meena Sharma Versus State of Jammu & Kashmir & Others Supreme Court of India
27-11-2019 Vikash Kumar Sharma Versus State High Court of Delhi
19-11-2019 Sharma Ayurved Private Limited Versus B.N. Sharma Ayurved Private Limited High Court of Judicature at Calcutta
19-11-2019 P.K. Sharma @ Purshotam Kumar Sharma Versus NBCC (India) Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
08-11-2019 Nalini Sharma Versus Honble Lt. Governor & Others High Court of Delhi
08-11-2019 U.C. Sharma Versus Union of India & Another High Court of Delhi
05-11-2019 Bansidhar Sharma (Since Deceased), Rep by his Legal Representative Versus The State of Rajasthan & Others Supreme Court of India
01-11-2019 Madhya Pradesh Purva Kshetra Vidyut Vitran Co. Ltd. Versus K.K. Sharma & Others High Court of Madhya Pradesh
21-10-2019 Rajiv Kumar Sharma & Another Versus State of Uttar Pradesh & Another Supreme Court of India
17-10-2019 Dara Estates Pvt. Ltd. & Others Versus Himanshu Sharma National Consumer Disputes Redressal Commission NCDRC
16-10-2019 L.V. Subrahmanya Sharma Versus The State of Telangana High Court of for the State of Telangana
16-10-2019 Ziaullah Versus Reghu Vansh Mani Sharma High Court of Delhi
15-10-2019 Rajasthan Housing Board & Another Versus Gururaj Prasad Sharma National Consumer Disputes Redressal Commission NCDRC
14-10-2019 Ram Lakhan Sharma Versus The State of NCT of Delhi & Another High Court of Delhi
14-10-2019 Ravikant Sharma Versus Emerging Valley Private Limited & Another Union Territory Consumer Disputes Redressal Commission UT Chandigarh
01-10-2019 Oriental Bank of Commerce & Others Versus Janak Raj Sharma Supreme Court of India
30-09-2019 State of Sikkim Versus Sashidhar Sharma High Court of Sikkim
24-09-2019 Suresh Sharma Versus State of J&K High Court of Jammu and Kashmir
18-09-2019 Manoj Sharma Versus Ahatesham Ahemad & Another National Consumer Disputes Redressal Commission NCDRC
17-09-2019 Vandana Sharma Versus Dwarka Court Bar Associates & Others High Court of Delhi
17-09-2019 Vinod Kumar Sharma Versus Yes Securities (India) Limited High Court of Judicature at Bombay
16-09-2019 Bank of Baroda Through its Assistant General Manager Prem Narayan Sharma Versus State of Gujarat & Others High Court of Gujarat At Ahmedabad
16-09-2019 Rohit Sharma Versus State of NCT of Delhi High Court of Delhi
06-09-2019 Kamal Kishore Sharma Versus State of Madhya Pradesh Through Police Station State Economic Offence High Court of Madhya Pradesh Bench at Gwailor


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box