SHERKHA RAHIMKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally at admission stage by consent of the parties. Rule. Rule made returnable forthwith.

(2.) By way of this present Writ Petition, the petitioner / auction purchaser is challenging the order dated 29.05.2015 passed by respondent No.3 in Misc. Application No.43 of 2014 filed by respondent No.7 herein, thereby condoning the delay of 376 days caused in filing the revision petition.

(3.) Respondent No.7 is the owner of the property in dispute. Respondent No.7 had mortgaged the disputed property for availing the loan on 28.08.1997 with respondent No.6 / Devgiri Nagari Sahakari Bank Limited (herein after referred to as 'Bank'). It appears that respondent No.7 had availed the loan of Rs. 15,00,000/- (Rupees Fifteen Lacs only) and mortgaged the disputed property with the bank by executing all the necessary legal documents. Respondent No.7 has thereafter committed default in the repayment and despite the final notice served on him, failed to repay the borrowed amount, respondent No.6-bank has obtained the recovery certificate as provided under Section 101 of the Maharashtra Co-operative Societies Act, 1960 (herein after referred to as 'the Act'). Thereafter, the valuation of the property was carried out by the Government Valuer and on 20.12.2013 the public auction notice was issued in the daily newspaper 'Sakal'. The auction was scheduled and held on 20.01.2014 and the present petitioner had submitted the highest bid. At that time, no one has raised the objection and as such auction sale has become final. The said auction was confirmed by passing resolution in the meeting of the Directors of the respondent-bank on 05.03.2014. Thereafter, sale deed was executed in the name of the petitioner in the office of the Sub Registrar, Aurangabad on 20.03.2014. The respondent-bank has given letter to the Tahsildar on 19.04.2014 for recording the name of the petitioner in respect of the suit property in the revenue records. Thus, the name of the petitioner stands mutated in 7/12 extract of the suit land. Respondent No.7 has thereafter approached respondent No.3 by filing the revision under Section 154 of the Act along with the separate application seeking condonation of delay. The said application is registered as Misc. Application No.43 of 2014 and by impugned order dated 29.05.2015 respondent No.3 has allowed the said application. Hence, this writ petition.