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Dori Lal v. State Of U.P. & Others - WRIT - C No. 60689 of 2006 [2006] RD-AH 18790 (7 November 2006)


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Hon'ble Anjani Kumar, J.

Heard learned counsel for the petitioner.

The petitioner along with four other persons borrowed money from the bank for purchasing a tractor. There was default in repayment of the loan amount. Consequently recovery was issued by the bank and in pursuance thereto the tractor in question was put for auction. The auction has taken place in which respondent no.5 was the highest bidder. The petitioner filed objection before the Commissioner and the Commissioner on 15th October 2001 passed order that in case possession of the property has not been delivered in favour of auction purchaser, the possession will not be delivered till the decision of  objection. Thereafter the petitioner filed objection before the Commissioner and the Commissioner ultimately by its order dated 20th December 2005 has dismissed the objection filed by the petitioner.

Learned counsel for the petitioner has not been able to demonstrate that the order passed by the Commissioner, in any way, suffers from any error of law much less an error on the face of record.

I do not find any error in the impugned order which may warrant interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. The writ petition is accordingly dismissed.

Dt: 7.11.2006.

mhu - 60689/06


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