IDBI TRUSTEESHIP SERVICES LIMITED Vs. DISTRICT COLLECTOR, PUNE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard fnally by consent of parties.

(2.) By this Writ Petition fled under Article 226 of the Constitution of India, the Petitioner has challenged the auction sale of immovable property being a parcel of land bearing Survey No. 95 Hissa No. 3, situated at Chovisawadi, Taluka Haveli, District Pune, admeasuring 0 Hectares 49.66 Ares ("the said Property"), of which the Petitioner is a Mortgagee, by Respondent No. 1 (District Collector, Pune) and Respondent No. 2 (Additional Tehsildar, Pimpri Chinchwad, Pune), in favour of Respondent Nos. 3 and 3A, in order to recover amounts payable by Respondent No. 4 to the Respondent Nos. 10 to 15, under Orders passed by Respondent No. 9 (Maharashtra Real Estate Authority) under the provisions of the Real Estate (Regulation and Development) Act, 2016.

(3.) The Petitioner is a Trusteeship Company in whose favour the said Property has been mortgaged. Respondent Nos. 1 and 2 are the revenue authorities who have conducted the auction sale of the said Property. Respondent Nos. 3 and 3A are the Auction Purchasers of the said Property. Respondent No. 4 is the Original Owner of the said Property and has created the mortgage in respect thereof in favour of the Petitioner. Respondent Nos. 5, 6 and 8 are the Promoters of Respondent No. 4. Respondent No. 7 is a Partnership Firm forming part of the same group as Respondent Nos. 4 to 6 and 8. Respondent No. 9 is the Maharashtra Real Estate Authority. Respondent Nos. 10 to 15 are Flat Purchasers who had fled RERA Complaints against Respondent No. 4 before Respondent No. 9. Respondent No. 9 had passed Orders directing Respondent No. 4 to refund the monies paid to it by Respondent Nos. 10 to 15 along with interest. It was for recovery of these amounts that Respondent Nos. 1 and 2 conducted the auction sale of the said Property.