The Dalit farmer, Sukhram, borrowed Rs 23,049 from the Uttar Pradesh Cooperative Rural Development Bank Ltd. for his dairy and buffalo farming business. Despite having repaid a portion of the loan, Sukhram passed away in 2000. In 2002, the authorities initiated auction proceedings against his estate to recover the remaining Rs 7,397.
New Delhi: Today (October 30): The Supreme Court has put a hold on the auction of a farmer’s land in Uttar Pradesh. The Dalit farmer, Sukhram, borrowed Rs 23,049 from the Uttar Pradesh Cooperative Rural Development Bank Ltd. for his dairy and buffalo farming business.
Despite having repaid a portion of the loan, Sukhram passed away in 2000. In 2002, the authorities initiated auction proceedings against his estate to recover the remaining Rs 7,397.
The farmer’s son contested the auction, arguing that legal actions cannot be pursued against a deceased individual. While the Commissioner initially set aside the auction, the High Court later upheld that decision.
Upon reviewing the situation, the Supreme Court issued notices to the relevant parties and stated, “In the meantime, status quo as on today shall be maintained.”
This action temporarily halted the auction, providing interim relief to the farmer’s family.
The petitioner challenged the orders from January 24, 2023, and May 21, 2024, issued by the Allahabad High Court. This court was considering a petition against the order dated January 3, 2007, from the Judicial Commissioner of Allahabad Division, which had allowed the petitioner’s objection and cancelled the auction initiated on February 15, 2002, on the grounds that it was directed against a deceased person. However, the High Court later recalled the Commissioner’s decision.
The petition stated that the High Court’s ruling was made ex-parte since the farmer’s counsel was not present and had no prior knowledge of the application’s listing before the court.
“This Special Leave Petition is filed on the grounds that the High Court mistakenly dismissed the writ petition without taking into account the petitioner’s arguments and the principles of natural justice. The petitioners are facing irreparable loss and harm due to this dismissal, and restoring the writ petition is essential for justice to be served,”
the petitioner asserted.
On October 25, a bench comprising Justices MM Sundresh and Aravind Kumar issued the interim order. Advocates Utkarsh Singh, Md Tauheed Arshi, Mohd Humaid, and Tushar Manohar Khairnar represented the petitioner and the son of the deceased farmer.
