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The Supreme Court of India has stayed the auction of a Dalit farmer's land in Uttar Pradesh, providing temporary relief to the farmer's family amid an ongoing legal battle. The farmer, Sukhram, had originally borrowed Rs 23,049 from the Uttar Pradesh Cooperative Rural Development Bank Ltd. to support his dairy and buffalo farming. Although he had partially repaid the loan, he passed away in 2000, leaving a small outstanding amount of Rs 7,397. Two years later, in 2002, authorities initiated auction proceedings to recover the remaining debt by auctioning Sukhram's land.
The auction was contested by Sukhram's son, who argued that it was legally unjust to pursue auction proceedings against a deceased individual. Initially, the Commissioner had set aside the auction on these grounds. However, the Allahabad High Court later upheld the auction, overturning the Commissioner's decision, leading to the current appeal before the Supreme Court.
Hearing the appeal, the Supreme Court took note of the family's hardship and issued an interim order to maintain the status quo on the auction, thereby halting the sale of the land. The bench, comprising Justices MM Sundresh and Aravind Kumar, issued the order on October 25 and notified the concerned respondents. In its brief, the bench observed, "In the meantime, status quo as on today shall be maintained," offering interim relief to Sukhram's family.
The legal team representing Sukhram's son included advocates Utkarsh Singh, Md Tauheed Arshi, Mohd Humaid, and Tushar Manohar Khairnar. The petitioners argued that the High Court's decision to uphold the auction was flawed as it dismissed their case without properly considering their arguments. The petition highlights that the High Court's order on the auction, passed in January and May 2023, was made ex-parte, as the petitioner's legal counsel was reportedly unaware of the listing of the application before the court.
The petition further contends that the High Court's decision not only caused severe hardship to Sukhram's family but also went against the principles of natural justice, as it did not allow the family a fair hearing. "This Special Leave Petition is preferred on the grounds that the High Court erred in dismissing the writ petition without considering the petitioner's arguments and the principle of natural justice. The petitioners are facing irreparable loss and injury due to the dismissal, and the restoration of the writ petition is crucial for justice to prevail," stated the petition.
The Supreme Court's decision brings a temporary reprieve to Sukhram's family as they await further hearings in the case. The stay has, at least for now, safeguarded the land from auction, providing the family with some relief in their struggle against the outstanding debt.
This case underscores a critical issue in India, where farmers and their families are often trapped in a cycle of debt, facing severe consequences, including the potential loss of land - often their sole means of livelihood. The stay issued by the Supreme Court, according to ANI, highlights the importance of procedural fairness, particularly for vulnerable groups like small farmers, in the legal system.
(With inputs from ANI)
