VIJAY DEV S V Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) THESE two writ petitions are filed under Article 227 of the Constitution of India being aggrieved by the order passed by the first respondent-Government of Karnataka, dated 9-2-2004 as per Annexure-F in Revision Petition No. CMW 33 CAP 98 allowing the revision petition and setting aside the proceedings including the auction sale in favour of the petitioner in Writ petition No. 22453 of 2004 and directing the bank-the petitioner in Writ Petition No. 17054 of 2004 to consider the claim of the fifth respondent and settled dues to him as per law within two months from the date of the order.

(2.) I have heard the learned Senior Counsel appearing for the petitioner and the Counsels appearing for respondents 2 to 4 and respondent 8 and learned Additional Government Advocate appearing for respondents 1 and 5 to 7 and the learned Counsel appearing for the petitioner in writ Petition No. 17054 of 2004 and the learned Counsel appearing for the respondents 1 to 4 in the said writ petition.

(3.) THE learned Senior Counsel appearing for the petitioner submitted that the impugned order passed by the first respondent-Government as per Annexure-F is wholly without jurisdiction and is perverse and contrary to the decisions rendered by this Court as also the orders passed by the competent Authority. The learned Senior Counsel submitted that respondents 2 to 5 have borrowed money from the eighth respondent-Primary Co-operative Land Development Bank and four lands were mortgaged by security for the said loan. The respondents 2 to 5 did not repay the amount and wherefore dispute was raised under Section 70 of the Karnataka Co-operative societies Act, 1959 (for short, 'the Act') and award was passed on 31-5-1975 and in execution of the award auction was conducted by selling one of the properties mortgaged viz. , Sy. No. 552/1 measuring 1 acre 7 guntas and the petitioner in Writ Petition No. 22453 of 2004 was the highest bidder and his bid was accepted and sale was confirmed on 10-12-1985. Respondents 2, 3 and 4 preferred appeal before the Karnataka Appellate Tribunal challenging the award passed against them. The father of respondents 2 to 4 also filed appeal and appeal filed by father of respondents 2 to 4 was dismissed and appeal filed by respondents 2 to 4 allowed and being aggrieved by the same, Writ Petition No. 6642 of 1984 was filed and the said writ petition was allowed and the order passed by the Appellate Tribunal was set aside on 29-11-1985 as per Annexure-A and the order has been confirmed in Writ Appeal No. 2774 of 1985, dated 1-3-1990. Thereafter an appeal was filed by respondents 2 to 4 challenging the confirmation of sale and the same was dismissed as per Annexure-D by respondent 2 and being aggrieved by the same, revision was filed on 17-8-1996 which was dismissed and thereafter another revision was filed before the joint Registrar and the said revision was also dismissed as per Annexure-E on 22-3-1997 as not maintainable and thereafter an application was filed before the Government under Section 108 of the Act on 26-9-1998 which was beyond period of six months from the date of orders passed by the Competent Authorities and without considering the question of delay the first respondent has allowed the revision on the basis of the circular wherein benefit was given for waiver of interest in respect of certain defaulters as on 30-6-1982, if they remitted the principal amount before 31-3-1984 and all the proceedings have been set aside and fifth respondent the auction purchaser in the revision petition the petitioner in Writ Petition No. 22453 of 2004 has been ordered to receive the amount deposited with solacium by respondents 2 to 4 and first respondent-Bank has been ordered to settle the dues of respondents 2 to 4.