MAX MINAR GRIH NIRMAN SAHAKARI Vs. SALES OFFICER

JUDGEMENT

(1.) The legality and validity of the order dated 25.11.2010 passed by Deputy Registrar is under challenge in this petition under Article 226 of the Constitution of India.

(2.) The facts as pleaded are that respondent No.6 obtained a loan from respondent No.2 bank. On default of payment, the mortgaged land was put to auction by respondent No.2/Bank. The petitioner being the highest bidder was declared successful and sale was affirmed in favour of petitioner-society by the Joint Registrar, Co- operative Society by order dated 08.11.2001 and subsequently sale letter was also issued on 09.04.2002. Pursuant to which, name of petitioner-society was mutated in the revenue records. It is alleged that certain complaints were made to the Chief Minister and Registrar, Co-operative Society, alleging illegalities and irregularities in the sale/auction of the mortgaged properties conducted by the respondent No.2/Bank. As a result, a general enquiry was ordered with regard to the auction of lands held by respondent No.2/Bank during the period, 1999-2000 to 2006-2007. The Registrar constituted a committee of three members for this purpose to look into the individual cases and file its report.

(3.) During the course of enquiry, the committee also enquired into the case of respondent No.6, recorded her statement and found that the auction of respondent No.6's land was conducted dehors the provisions of the Act and the Rules framed thereunder. A decision was thereafter taken vide order dated 25.11.2010 to cancel the auction proceedings and to restore the possession to respondent No.6 on the land and remutate her name in the revenue records.