ANIL G TUPTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 16th March, 2017 passed by the learned District Magistrate, Thane under Rule 107(11) (d-1)(vi)(a) of the Maharashtra Co-operative Societies Rules, 1961. It is not in dispute that the recovery certificate was issued against the petitioner by the learned Assistant Registrar in the application filed by the respondent no.6. The said recovery certificate has not been impugned by the petitioner admittedly. Since the petitioner had committed default in compliance with the recovery certificate, the respondent no.6 bank initiated the proceedings under Rule 107(11) of the Maharashtra Co-operative Societies Rules, 1961.

(2.) The possession of the property was obtained by the Recovery Officer from the petitioner on 8th December, 2016 under Rule 107(11)(d-1) of the Maharashtra Co-operative Societies Rules, 1961. It is the case of the petitioner that the petitioner was handed over possession of the property once again on 8th December, 2016 by the Special Recovery Officer.

(3.) Mr.Patil, learned counsel appearing for the petitioner invited my attention to the documents annexed to the petition and would submit that since the petitioner was handed over possession of the property under Rule 107(11)(d-1)(iv), till the property is actually auctioned by the the respondent no.6, the possession of the property cannot be demanded from the petitioner. He submits that all these documents annexed to the petition were not considered by the learned District Magistrate, Thane in the impugned order dated 16th March, 2017. He submits that the respondent no.6 bank has not even issued the public notice for undertaking an auction for the said property in respect of which the possession is handed over to the petitioner.