GOVIND NARAIN SAXENA Vs. COLLECTOR SATNA

JUDGEMENT

(1.) Petitioner No. 2 Smt. Jagdamba Devi Saxena is the wife of petitioner No. 1 Govind Narain Saxena. Both were members of respondent No. 6 Grih Nirman Sahakari Samiti, Maryadit at Satna. The present petition filed by them under Articles 226 and 227 of the Constitution is directed against the auction sale of house belonging to petitioner No. 1 Govind Narain Saxena in consequence of proceedings for the recovery of loan amounts together with interest said to be due to the State Government and recoverable as an arrear of land reverue under the provisions of the M. P. Co-operative Societies Act, 1960 and the rules framed thereunder.

(2.) In 1954, the Central Government vide the Ministry of Works, Housing and Supples letter dated 20-11-1954 had sponsored a scheme called 'Low Income Group Housing Scheme' The scheme dealt with disbursement of loans by the Certral Government to State Governments for the purpose of enabling persons in the low income group to build and own their houses. The Government of Vindhya Pradesh in its turn framed certain rules called 'Vindhya Pradesh Low Income Group Housing Scheme Rules, 1954' for advancement of loans to eligible persor s under the scheme. It is not in dispute that in 1955-56 the petitioner No. 1 Govind Narain Saxena, obtained a loan of Rs. 3,000/- and petitioner No. 2, Smt. Jagdamba Devi Saxena, obtained a loan of Rs. 8,000/- under the said rules. The loans were taken by them as members of respondent No. 6 Grih Nirman Sahakari Saciti, Maryadit, Satna and were for the purpose of constructing a residential house on a plot of land situated ia the town.

(3.) In 1977, the Collector, Satna (respondent No. 1) forwarded two certificates dated 17-1-1977 (Annexura III and IV to the petition) to the Assistant Registrar, Co-operative Societies, Satna. These certificates were purported to have been issued by the Collector under sub section (1) of Section 3 of the Revenue Recovery Act, 1890. Under the certificate Annexure-III, the Assistant Registrar was informed that a sum of Rs. 3.000/- with interest and penal interest was recoverable as an arrear of land revenue from petitioner No. 1 Govind Narain Saxena on account of low income group housing scheme and the Assistant Registrar was asked to recover the same and remit it to him. Under the certificate Annexure-IV, the Assistant Registrar was informed that a sum of Rs. 8,000/- with interest and pecal interest was recoverable from petitioner No. 2 Smt. Jagdamba Devi Saxena as an arrear of land revenue on account of low income group housing scheme and the Assistant Registrar was asked to recover the same and remit it to him. On receipt of the said certificates from the Collector, the Assistant Registrar addressed a letter dated 1-2-1977 (Annexure R-2) to the Recovery Officer, Co-operative Societies, Sa:na (respondent No. I). It was stated by him in the said letter that the two certificates received from the Collector were being sent to him for the purpose of making recovery of the amounts mentioned from the persons concerned.