UCO BANK AGARTALA BRANCH Vs. DIPAK DEBBARMA

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel for the applicant-UCO Bank. Also heard Mr. A. K. Bhowmik, learned Sr. Counsel assisted by Mr. S. Ghosh, learned counsel for the writ petitioners-respondents and Mr. Somik Deb, Mr. B. Dutta, learned counsel for the respondent No. 3-Rose Valley Real Estate & Constructions Ltd. By filing this miscallaneous application, the applicant UCO Bank has sought vacation of the interim orders dated 15-2-2007 and 21-2-2007 passed in W.P. (C) No. 41 of 2007. On 15-2-2007, this Court posted the writ petition on 19-2-2007 and directed that the respondents, the applicant herein, shall not take any further steps on the basis of notification dated 30-12-2006 (Sale Notice). By order dated 21-2-2007, this Court issued notice returnable after two weeks in the writ petition and ordered that the question of maintainability of the writ petition shall be kept open. This Court also extended the earlier interim order till the returnable date.

(2.) To decide this case, it would be necessary to take note of some relevant facts :-

(3.) The writ petitioners being purportedly aggrieved by the sale notice issued by the Bank on 30-12-2006 has approached this Court by contending that under the provisions of Section 187 of TLR & LR Act, as the secured property was owned by the writ petitioners who belong to the ST community, the respondent-Bank has no right to sell the property in question for recovery of the loan due, to any person other than a person belonging to the Scheduled Tribe community. It is further contended that the respondent No. 3, the selected purchaser is not a Scheduled Tribe person and accordingly the Bank cannot sell the mortgaged property to respondent No. 3.