RUPESH THAKUR DAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE order passed in Writ Petition No. 4969/2008 (Smt. Savita ben Thakur Das Patel Vs. The State of Madhya Pradesh and others)shall also govern the disposal of Writ Petition No. 4972/2008 (Rupesh Thakur Das Patel Vs. The State of Madhya Pradesh and others ). Since both these petitions involve a common question of law, they were heard together.

(2.) THE petitioners herein have prayed for quashing of recovery proceedings and notification dated 4. 3. 2008, Annexure P1, issued by the Tahsildar (respondent no. 3) in respect of proclamation of sale of their immovable property for recovery of dues of the Citizen cooperative Bank Limited (respondent no. 4) (in short, the Bank ).

(3.) THE petitioners are mother and son. They, for their business, took financial assistance of huge amount from the Bank after mortgaging their agricultural land in the form of security against the loan. The petitioners after paying some installments committed default. The Bank, therefore, initiated recovery proceedings against them under the provisions of Madhya Pradesh Cooperative Societies act, 1960 but did not pursue the proceedings and instead it took recourse for recovery of dues under the provisions of the Madhya pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987 (in short, the Adhiniyam ). The Bank sent a certificate on 10. 2. 2005 to the Collector for recovery of dues who, in turn, issued the Revenue recovery Certificate on 15. 2. 2005 against the petitioners. The tahsildar thereupon issued demand notices to the petitioners and when these notices were not honoured, he issued the impugned proclamation for sale of the immovable property of petitioners mortgaged with the Bank. The property was auctioned on 11. 4. 2008 and the sale was ultimately finalized in favour of one Surya developers being the highest bidder for an amount of Rs. 20,21,000/ -. The auction purchaser has also deposited the amount with the Bank.