KUSUM LATA Vs. DIVISIONAL COMMISSIONER, MANDI AND OTHERS

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged judgment dated 16.03.2018, passed in CWP No. 7928 of 2010, titled as Kusum Lata versus Divisional Commissioner, Mandi & others, vide which, learned Single Judge has dismissed the petition filed by the present appellant and also directed the petitioner/appellant, not only to pay costs but also mesne profit to respondent No. 3 in terms of the judgment.

(2.) Brief facts necessary for adjudication of the present appeal are that appellant before this Court filed CWP No. 7928 of 2010 , laying challenge to an order passed by the Divisional Commissioner, Mandi, dated 26.02.2010, whereby learned Divisional Commissioner had dismissed an application preferred by the petitioner under Sec. 96 of H.P. Land Revenue Act, praying for setting aside auction sale conducted by the Registrar, Cooperative Societies/ Collector, Mandi Central Division, Mandi, HP for recovery of arrears of land revenue as also order dated 11.10.2010, again passed by the Divisional Commissioner, Mandi, under Sec. 97 of the Himachal Pradesh Land Revenue Act, in favour of the highest bidder, i.e. respondent No. 3 before the learned writ Court as also before this Court.

(3.) Appellant/Petitioner (hereinafter referred to as 'petitioner') had raised a house loan of Rs. 4,00,000.00 from H.P. State Cooperative Bank Ltd. on 29.03.2000. On account of default in repayment of the loan, the matter was referred for arbitration under Sec. 73 of the H.P. Co-operative Societies Act, 1968 on 18th of March, 2003. Vide order dated 11.05.2004, arbitrator directed the petitioner to pay an amount of Rs. 4,97,346.00 on or before 31.05.2005 by way of monthly installments of Rs. 41,320.00 each. Learned Arbitrator further held that in default thereof, Bank was entitled to realize the amount due as arrears of land revenue from the movable and immovable properties of the petitioner as also the guarantor. As the order passed by the Arbitrator was not complied with, Additional Registrar (Monitoring), exercising powers of Registrar, Cooperative Societies, HP, forwarded the case to Collector, Mandi, District Mandi, for execution of the order passed by the Arbitrator. Pursuant thereof, proclamation of sale was issued by the Collector under Sec. 85 of the H.P. Land Revenue Act for the sale of the estate of the petitioner. Thereafter, the property of the petitioner was auctioned on 22.05.2009 and also sold to respondent No. 3 for an amount of Rs. 12,50,000.00.