BINDU Vs. INDORE PARASPAR SAHAKARI BANK LTD.

JUDGEMENT

(1.) This petition has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following reliefs:-

(2.) The petitioners are aggrieved by the order dtd. 17/6/2017 (Annexure P/25), passed by the Board of Revenue, Indore in a Revision filed under Sec. 50 of the Land Revenue Code, 1959 (hereinafter referred to "the Code of 1959"?) whereby the order passed by the Additional Commissioner, Indore on 4/8/2011, has been affirmed. In the order dtd. 4/8/2011, the Additional Commissioner has also affirmed the order passed by the Additional Collector 8/6/2011 (Annexure P/23); whereas, the Additional Collector rejected the petitioners' application challenging the auction proceeding initiated under Rule 39 of Schedule I of the Code of 1959.

(3.) In brief, the facts of the case are that in the year 1998, two loans were obtained by the petitioner no.1/Smt.Bindu, W/o late Balakrishna Vyas and petitioner no.2/Vimal Kumar Vyas S/o late Balkrishna Vyas to the tune of Rs.10,00,000.00 and 8,50,000/- respectively from the respondent No.1/Indore Paraspar Shakari Bank Limited, Indore for construction of their ancestral house. Admittedly, they defaulted in repayment of the said loan, which led to the auction of the said house for a throw away price by the respondent no.1vide order dtd. 29/4/2010, which led the petitioner to file the petition being Writ Petition no.6378/2010, which was disposed of, by this Court on 15/7/2010, with a liberty to the petitioner to take appropriate action, in accordance with law, for challenging the auction proceeding, sale certificate and the consequential sale deed in the matter.