FAKIR DAS Vs. BOARD OF REVENUE M P

JUDGEMENT

(1.) The petitioners had taken a loan from Respondent No. 3, which is a co-operative society. As the loan was not paid, their properties mortgaged were put to auction and sale. The petitioners objected to the sale and preferred an appeal to the Joint Registrar of Co-operative Societies against the action of the recovery officer. The Joint Registrar by the impugned order dated 1.5.80 set aside the auction and sale conducted by the recovery officer and remanded the matter to him for a fresh auction and sale.

(2.) Against the order of the Joint Registrar, the petitioners did nothing. The Cooperative Society/Respondent No. 3 preferred an appeal to the Board of Revenue. The Board of Revenue by the impugned order dated 6 6.1983 rejected the appeal, holding that against the order of recovery officer, no appeal lay to the Joint Registrar and no second appeal could lie to the Board of Revenue. It is also stated in the order of Board of Revenue that the appeal could not be converted into revision as the revision could have been filed only before the Joint Registrar. The petitioners have objected to the auction and sale in this petition and contend that the point of jurisdiction against the order of the recovery officer came to be decided for the first time by the Board of Revenue by order dated 26.2.83 in another case, Appeal No 98 HI/83.

(3.) The learned counsel for the petitioners submits that the petitioners are aggrieved by that part of the order of the Board of Revenue (Annexure- P/1), in which, it declared the order of the Joint Registrar dated 1.5.80 (Annexure-P/2) at nonest and Invalid in law.