SHAIKH GULAB SHAIKH AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule made returnable forthwith by consent of both the sides. Heard all the sides including advocates appearing in intervention proceedings.

(2.) THE petition is filed under Articles 226 and 227 of Constitution of India to challenge the orders made by the Recovery Officer of Debt Recovery Tribunal (hereinafter referred to as "D.R.T." for short) on Exhs. 117 and 127 in Recovery Proceeding No. 31/2007. Under the orders, the Recovery Officer has confirmed the sale made in recovery proceeding (private sale) and the possession of immovable property is given to the purchaser. A relief of direction to sell the same property, which belongs to respondent No. 5 - Deogiri Co-operative Sugar Factory (hereinafter referred to as the "debtor" for short) by public auction is also sought in the writ petition. Some civil applications are filed for intervention by persons having interest as shareholders in the property as they want to object to the sale and some civil applications are filed by other persons, who wanted to purchase the property at higher price. Writ petition No. 3084/2011 is filed by Village Panchayat Phulambri as it is interested in recovering some tax from the debtor.

(3.) THE debtor owns agricultural lands at Sawangi [Tahsil Aurangabad] which totally admeasure 62.51 Hectors. It owns 19.76 Hectors of agricultural land at village Chokha, Tahsil and District Aurangabad. Charge in respect of the loan amount was created in the year 2006 on these lands by certificate holder. These lands were already mortgaged to Maharashtra State Co-operative Bank Limited, respondent No. 7, in the year 1998 for getting loan and entry in respect of this mortgage was made in revenue record. At the relevant time, the amount of more than Rs. 19.24 Crore was due to respondent No. 7 from the debtor. The debtor had other creditors also including Maharashtra State Electricity Board.