SUDARSHAN PATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a glaring instance when the bank authorities as well as the private respondents have practised fraud for grabbing the property of four villagers without any cause or without any justification. The writ petitioners have purchased four plots of land being plot No. 759 for 41 decimals by a registered sale deed dated 22nd June, 1989 at the cost of Rs. 7,000/-, plot No. 376/4443 for 83 decimals by a registered sale deed dated 15th May, 2000 at a price of Rs. 2,00,000/-, plot No. 715 for 31 decimals by a registered sale deed dated 18th November, 1992 at the cost of Rs. 8,000/- and plot No. 684 for an area of 29.5 decimals by a registered sale deed dated 18th November, 1992 at the cost of Rs. 15,000/- from the private respondent No. 8, since deceased. So far plot No. 759 is concerned after the purchase was complete the purchasers got their names mutated in the record of right. So far the three plots are concerned although an application for mutation was made but mutation was not granted in their favour for an unknown reason.

(2.) The private respondent No. 8 Nanigopal Singha, since deceased, was the original owner and he sold the aforesaid four plots of land to the petitioners at the valuable consideration mentioned in the sale deed. Nanigopal was a very influential person. He was the director of the respondent No. 4, the Contai Co-operative Agricultural and Rural Development Bank Ltd., P.O. & P.S. Contai, Dist. Purba Medinipur. It was a land development bank. The said Nanigopal was the Pradhan of the local Gram Panchayat also at the relevant point of time. He was residing at vill. & P.O. Dekhali, P.S. Khejuri. The private respondent No. 7 is the brother of Nanigopal who is the auction purchaser of those four plots of land and he was also the revenue inspector of Khejuri. Out of four plots three plots bearing plot No. 759, 715 and 684 were sold prior to making application for loan by the respondent No. 8. But the respondent No. 8 fraudulently mortgaged the aforesaid three plots along with plot No. 376/4443 for obtaining a loan of Rs. 50,000/- from the abovenamed Bank.

(3.) The bank authorities without any enquiry and/or investigation, which is required under the Co-operative Societies Rules, have granted the loan to the respondent No. 8. After obtaining loan, being the director of the co-operative land bank, the said Nanigopal sold the land and tank bearing plot No. 376/4443 for 83 decimals on 5th April, 2002 without disclosing that the said plot of land was mortgaged to the bank. The bank authorities under the guidance of the respondent No. 8 did all such mischief in total disregard to the rule and provisions under the West Bengal Co-operative Societies Act as well as the rules framed thereunder.