DAVENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the three petitioners seeking to assail the order Anexure 6 passed by the respondent No. 9 negativingthe objection of the petitioners against the sale of agricultural land situated at village PadralaTehsil and District Pali.

(2.) Brief facts of the case are that respondent No. 8 Mahendra Singh and some otherpersons had taken some loan from a cooperative society. However, the said loan was not repaid, and for recovery of the said loan along with interest, land of respondent No. 8 was put toauction. In thatauction the respondent No. 5 had given the highest bid. At this stage, the petitioners raised objection against the sale on various grounds. However, the auction was confirmed. At this stage four writ petitions were filed before this Court, onebeing S.B.C. Writ Petition No. 1624 of 1984 by the present respondent No. 8, while other three writ petitions being No. 2218, 2219 and 2220 of 1984 were filed by the three present petitioners separately. The Writ Petition No. 1624 was dismissed by the Division Bench on 18-9-1992 while the other three writ petitions came to be heardand disposed of by the learned Single Judge ofthis Court(Hon'ble Mr. Justice P.K. Palli) videorder dated 27-9-1994 whereby it was directed tothe Dy. Registrar, Cooperative Societies, Pali to examine the matter in the light of the averment made by the petitioners in the writ petitions. However, it was clarified that the petitionerswill be at liberty to place any other document, evidence for the purposes of examination by theDy. Registrar, and he was to find out thevalidity of the transfer in favour of thepetitioners" as well as of the legality ofattachement etc.

(3.) Thereafter the matter was decided by the learned Dy. Registrar and after appeal and revision, the matter was ultimately decided by the State Government vide Anx. 6 and various findings have also been given in Annexure 6.