DANIEL RAVINDRA KUMAR Vs. JOINT REGISTRAR

JUDGEMENT

(1.) BEING aggrieved of the orders dated 7.7.92 passed by the Joint Registrar, Cooperative Societies, Raipur in an unregistered appeal, filed by the petitioner which has been dismissed as pre-mature, the petitioner had filed this revision as second appeal before the Board of Revenue on 13.7.92.

(2.) THIS second appeal of the petitioner as per order dated 29.8.95 passed by the Revenue Board, was converted into revision. In this revision petition the petitioner is challenging the legality and validity of the auction sale done by the sale officer-Non-applicant No. 2, on 26.6.92. According to the petitioner he had obtained a loan from the NA No. 3 to run a poultry farm. He could not repay the loan and therefore the sale officer illegally auctioned his more than 4 acres of land for Rs. 1,25,200/- particularly when the amount to be recovered was only Rs. 52,116/-. Auction sale is totally illegal. Prior to auction no any demand notice was ever served on the petitioner nor any encumbrace certificate was obtained from the competent authority. Certificate of the market rate was also not obtained. Initially the land was notified to be auctioned on 29.5.92 in village Kohaka and without issuing any fresh proclamation of 30 days the same was auctioned on 26.6.92 at village Aheri, without assigning any reason for change of place of auction. Auction sale is totally illegal and contrary to the provisions of M.P. Cooperative Societies Act, for short hereinafter referred to as Act, and rules framed thereunder and also to the provisions of Land Development Bank. There was a well and also a poultry farm shed on this land. Well and the poultry farm shed were not mortgaged to the bank but they have also been sold in auction.

(3.) LEARNED Joint Registrar, Raipur had dismissed the appeal of the petitioner mainly on the ground that period of 30 days has not yet been expired from the date of auction sale and during this period the petitioner can deposit the amount for which the land has been sold. Sale has also not yet been confirmed.