SAVITA BEN Vs. STATE OF M P

JUDGEMENT

(1.) THE expose' of facts, the controversy involved, proposition of law and the proponements being founded on a common canvas, these writ appeals were heard analogously and are disposed of by a singular order.

(2.) THE appellants in W. A. No. 1021/2008 and W. A. No. 1023/2008 are the mother and son and they had invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India by preferring two writ petitions (W. P. No. 4969/ 2008 and W. P. No. 4972/2008) for issue of a writ of certiorari for quashment of the recovery proceedings and notification dated 4-3-2008 issued by the concerned Tahsildar, the third respondent herein, in respect of proclamation of sale of their immovable property for recovery of the dues of the Citizen Co-operative Bank Ltd. (hereinafter referred to as 'the Bank' ). The appellants had availed the loan from the Bank upon mortgaging their agricultural land in the form of security of the loan. As there was default by the loanees, recovery proceedings initiated against them under the M. P. Co-operative societies Act, 1960 (for brevity the 1960 Act')but did not pursue the said proceeding. After abatement of the same, it initiated action under the M. P. Lok Dhan (Shodya rashion Ki Vasuli) Adhiniyam, 1987 (for short 'the 1987 Act ).

(3.) AS is manifest, 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 appellant-petitioners. On the basis of the said certificate the Tahsildar issued demand notices to the appellants and as the notices were not accepted, he issued proclamation of sale the immovable property of the petitioners mortgaged with the bank. The property was auctioned on 11-4-2008 and the sale was ultimately finalised for a sum of Rs. 20,21,000/ -. It is worth noting that the auction purchaser had deposited the amount in question with the bank.