NEELKANTAPPA Vs. P L D BANK GULBARGA

JUDGEMENT

(1.) The petitioner in this writ petition has challenged the confirmation of the sale of his land comprised in Survey No. 107 of Kannur Village in Gulbarga taluk in favour of P. L. D. Bank, Gulbarga respondent-2, for the realisation of the decretal amount of Rs. 7,625-50 due to the Bank.

(2.) The facts, which are necessary for the disposal of the writ petition, are as under: The petitioner borrowed a sum of Rupees 5,000/- in the year 1966 from the 1st respondent Bank. He paid certain amounts. Since the amount was not fully recovered the 1st respondent initiated proceedings for the recovery of the aforesaid amount in the year 1973-74, before the arbitrator. The arbitrator passed an award for Rs. 7,625/on 18-3-1974. The petitioner took other legal actions available under the law. The award of the arbitrator passed in Dispute No. 132/73-74 came up for execution. The 3rd respondent, who was the Sales Officer, conducted the auction. As there were no bidders the 1st respondent bid in the auction and purchased the land. The 3rd respondent submitted the papers for confirmation before the 2nd' respondent. Exhibit-A is the order passed by the 2nd respondent confirming the sale held on 9-11-1976.

(3.) Mr. Apparao, learned counsel for the petitioner attacked the sale proceedings and the confirmation on the ground that the authorities have failed to comply with the provisions laid down in R. 38-A of the Karnataka Co-operative Societies Rules, 1960 (to be hereinafter called the 'Rules'). He further urged that having regard to the provisions of the aforesaid Rule the 1st respondent Bank had no authority of law to bid in public auction and purchase the property.