DEVENDRA SINGH & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) This appeal is directed against the order of the learned Single Judge dated 5th Sept. 2001 dismissing the writ petition summarily. It is alleged that the respondent No.8 failed to repay the loan to the Cooperative Society known as "Laxmi Gram Sewa Sahakari Samiti Limited". This led to recovery proceedings. The land belonging to said Shri Mahendra Singh (respondent No.8) in Khasra No. 213 and 186 in village Padarla, tehsil & district Pali. The land was put to auction on 26.3.1981. Respondent Chhoga Ram gave the highest bid and deposited one fourth of the amount on the same day.-Rest of the amount was deposited on 19.3.1983. The possession of the land was also delivered to purchaser Chhoga Ram. Debtor Mahendra Singh unsuccessfully challenged the auction proceedings by way of revision before the State Government. The matter was carried to this Court by way of writ petition being S.B. Civil Writ Petition No. 1490/2000. The writ petition was dismissed by order dated Sept. 5, 2001. Later-on, the present appellant petitioners Devendra Singh, Jabar Singh and Neelam Kumar filed three separate writ petitions before this Court in the year 1994. It was urged on their behalf that the debtor Mahendra Singh had sold the land to them as back as in the year 1970 and, therefore, they were the real owners of the land. This Court by order dated 27.9.94 allowed the writ petitions and directed the Deputy Registrar, Cooperative Societies, Pali to hear them and decide the objections with respect to the auction of the land. None of the appellant petitioners appeared before the Deputy Registrar. He gave sufficient opportunity for appearance of these appellant petitioners before him. It was insisted before the Deputy Registrar that power of attorney on their behalf may be heard. In this view of the matter, the Deputy Registrar formed the opinion that the names of three person viz; Devendra Singh, Jabar Singh and Neelam Kumar are fictitious. By a detailed order, he disposed-of the objections. According to the Deputy Registrar, after the sale was confirmed upto this Court, debtor Mahendra Singh got the objections filed in the names of said three fictitious persons. The matter was re-appreciated by the State Government. On thorough evaluation of the matter on record, the finding of the Deputy Registrar is confirmed. The learned Single Judge has thoroughly examined the matter at the admission stage. The learned Single Judge has found the entire story of sale of 104 bighas of land to three different persons, false and fabricated. Thirty five bighas of land in the name of each of the petitioners has been sold for Rs. 99.00 . Obviously, the figure "99" is for the reason that a document need not be registered for the sale transaction less than Rs. 100.00.

(2.) We have gone through the entire record. We find no reason to interfere with the consistent finding of fact arrived-at by the Deputy Registrar (Cooperative Society), the State Government and the learned Single Judge. On the fact of it, it is clear that the writ petitions filed in the name of three fictitious persons, were at the instance of debtor Mahendra Singh. It appears that the petitioners have approached to this Court under a mis-apprehension that they can succeed in misleading the Court and abuse the process of the Court under Art. 226 of the Constitution of India. No interference is called-for by this Court in special appeal under Sec.18 of the Rajasthan High Court Ordinance.

(3.) The Special Appeal is dismissed. Special Appeal dismissed.