BHARAMOJPPA Vs. SECRETARY P L D BANK YELBURGA

JUDGEMENT

(1.) This petition is filed by the petitioner in the year 1982. Thereafter, he died. Now his legal representative has made an application as per I.A.I to bring herself on record. I.A.I is allowed and the wife of the original petitioner is brought on record.

(2.) She was directed to pay Rs. 10,294/- and she has paid that amount and filed the receipt for remitting the said amount to the Treasury.

(3.) It is alleged that the petitioner (since deceased) borrowed certain sums from the respondent-Bank to dig a bore-well. He did not repay the same. Therefore, in order to recover the same, a dispute was raised by the Bank and an award was obtained behind the back of the petitioner for payment of Rs, 10,294/-. In execution of the award they brought his property to sale behind his back without notice to him and also sold the same to the third respondent, who purchased the land on behalf of the Government. In the process of documentation, the petitioner came to know of the same and presented this writ petition challenging the legality of the entire proceedings resulting in the sale interalia on the ground that the benefit of a Government notification had not been given to him as the bore-well was a failure and in such cases the debt was required to be wiped out.