MANOHARLAL Vs. BOARD OF REVENUE

JUDGEMENT

(1.) PETITIONERS in this writ petition challenge the auction of the land purchased by them from its Bhumiswami Shri Gulabchand.

(2.) LAND was purchased on 28.3.1970 by petitioners No. 1 and 2; Pori Bai and Radhika Bai. Another sale-deed was executed on 13.4.1970. Subsequently; Kedar Prasad also sold piece of land to Smt. Rakhan Bai petitioner No. 3 as per sale-deed Annexure A-3 dated 17.5.1978. Rakhan Bai died on 25.9.1984. Names of the purchaser was mutated in her place.

(3.) THE proceedings for recovery were set in motion at the instance of the Bank in July 1983. Case was forwarded to recovery officer for sale. Initially khasra No. 102 in area 4 acres and 391 in 3.40 acres total area being 7.40 acres was proposed to be sold as that was considered sufficient to satisfy the outstanding amount of loan payable to the Bank. Subsequently, respondent No. 3 Sewa Sahakari Samiti Maryadit, Saleburdi, Tehsil Waraseoni, district Balaghat sent a letter that an amount of Rs. 20,000/- was also due to be recovered by it from Gulabchand respondent No. 7. It was not mentioned in the letter when Gulabchand had incurred this debt of Rs. 20,000/- from Sewa Sahakari Samiti Maryadit, Saleburdi, Tehsil Waraseoni, district Balaghat. On receipt of this request from respondent No. 5 the entire land 3.48 acres was proposed to be sold comprised in Survey No. 321,46, 102, 382 and 391 situated at village Chikhla, Tehsil Waraseoni. On 1.3.1983 proclamation was issued. On 17.3.1983 the entire land was auctioned for sum of Rs.13,000/- to respondent No. 6 Smt. Seema Devi who is daughter-in-law of defaulter Shri Gulabchand, respondent No. 7, purchased the entire land in auction. Petitioners No. 1 and 2 on coming to know of the auction, filed an objection on 10.4.1983 as per Annexure-C. The sale was not confirmed by that day. During the pendency of the objection sale was confirmed on 1.9.1983 which was challenged in appeal before the Joint Registrar, Cooperative Societies which appeal was dismissed as not maintainable. The matter was taken to the Board of Revenue. Order Annexure-F was passed on 28.3.1985. The case was remanded to the Joint Registrar, Cooperative Societies. Joint Registrar, Cooperative Societies passed order after remand Annexure-G, on 3.3.1986, the appeal was dismissed. Petitioners thereafter preferred an appeal before the Board of Revenue which has been decided on 7.8.1987 as per order Annexure-I. Hence, this writ petition has been filed before this Court.