Section 169 in U.P. Zamindari Abolition and Land Reforms Rules, 1952
169.
[(1)] [Renumbered by Notification No. 950-RS/I-A-1031 (7)-1958, dated 18.03.1959.] Upon receipt of the application [or on facts coming to his notice otherwise] [Added by Notification No. 950-RS/I-A-1031(7)-1958, dated 18.03.1959.] the Tahsildar shall issue notice to the tenure-holder in Z.A. Form 56. to show cause why he should not be deemed to have abandoned the holding:Provided that if the notice is not served in person the Tahsildar may publish the same in accordance with the provisions contained in Section 197 of the Land Revenue Act, 1901, at the cost of the applicant.(2)[ If the tenure-holder docs not appear in spite of service or publication of the notice as laid down in sub-rule (1). or if the tenure-holder appears and does not contest the notice Tahsildar shall, except where the holding or any part thereof has been mortgaged under sub-section (2) of Section 153 and the mortgage has not been fully redeemed, declare the holding as abandoned and order the annual registers to be corrected accordingly. If the tenure-holder appears and contests the notice, the Tahsildar shall drop the proceedings.] [Substituted by Notification No. 3223/I-A-553-61, dated 11.08.1964.](3)[ In case the holding or any part thereof is found to be mortgaged under sub-section (2) of Section 153, and the mortgage not fully redeemed, the Tahsildar shall suspend the proceedings, and report the matter to the Collector for realization of the loan.] [Added by Notification No. 3223/I-A-553-61, dated 11.08.1964.](4)[ On receipt of the report under sub-rule (3), the Collector shall-(i)in the case of a taqavi loan, issue a notice to the tenure-holder to furnish fresh security for the loan within one month from the receipt of notice, and, in case the tenure-holder fails to comply with the notice, he shall order recovery of the remaining instalments of the loan in instalment; and(ii)in the case of a loan from a co-operative society or from the State Bank of India or from any other bank which is a scheduled bank within the meaning of clause (e) of Section 2 of the Reserve Bank of India Act, 1934 or from the Uttar Pradesh State Agro-Industrial Corporation Limited, ask the Co-operative Society concerned or the State Bank of India or any other bank concerned or the Uttar Pradesh State Agro-Industrial Corporation Limited, as the case may be, to take action of the nature described in clause (i) under intimation to him as well as the Tahsildar.The Collector shall inform the Tahsildar of the action taken by him in either case.] [Substituted by Notification No. 365/I-A/2-I(2)-68 dated 28.01.1969.](5)[ As soon as it comes to the notice of the Tahsildar that the mortgage has been redeemed in respect of the holding or the part as the case may be, cither by release of the holding or part, as the case may be, from the security of the loan or as a result of recovery of the remaining instalments of loan in one instalment, he shall proceed to declare the holding or part thereof as abandoned.] [Added by Notification No. 3223/I-A-553-61, dated 11.08.1964.]
