Supreme Court Halts Auction of Farmer's Land Over Loan Dispute

Why did the farmer take the loan?

Sukh Ram, a Dalit farmer, had taken a loan of Rs 23,049 from the Uttar Pradesh Cooperative Rural Development Bank Ltd for dairy and buffalo rearing. Despite paying off part of the loan, Sukh Ram died in 2000. However, in 2002, the administration initiated auction proceedings for his land to recover the remaining Rs 7,397.

Supreme Court upholds decision

The farmer's son challenged the auction arguing that legal proceedings cannot be initiated against the deceased person. The commissioner had initially quashed the auction, but the high court upheld the decision. After hearing the farmers' woes, the top court issued notice to the concerned respondents and said, "In the meantime, today's position shall be maintained." Thus, the apex court stopped the auction and gave relief to the farmer.

When was the interim order passed?

A bench of Justices MM Sundresh and Arvind Kumar passed the interim order on October 25. Advocates Utkarsh Singh, Mohd Tauheed Arshi, Mohd Humaid and Tushar Manohar Khairnar appeared on behalf of the petitioner and the deceased farmer's son. The petitioner challenged the order dated 24 January 2023 and 21 May 2024 passed by the Allahabad High Court. The Allahabad High Court was hearing a petition challenging the order dated 3rd January, 2007 passed by the Judicial Commissioner, Allahabad Division, by which the objection of the petitioner was accepted and the auction dated 15th February 2002 was quashed on the ground that it was being sued against the deceased person. The high court, however, reversed the commissioner's decision.

Know what the petition said?

The petition said that the decision of the High Court was passed unilaterally as the farmer's counsel was not present in the court and he had no knowledge about the listing of the application before the court. "This special leave petition has been filed on the ground that the High Court erred in dismissing the writ petition without considering the contentions of the petitioner and the principle of natural justice," the petitioner said. The petitioners are facing irreparable loss due to the dismissal of the petition, and dismissal of the writ petition is important for the victory of justice. "

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