KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER No. 1 Kanhaiyalal took a loan of Rs. 43332/- from the respondent No. 5 - State Bank of Bikaner & Jaipur for purchase of a tractor and a cultivator. The loan was secured by hypothecation of the tractor and the cultivator. As a co-lateral security, the agricultural land of the petitioner measuring about 103 bighas was also mortgaged with the bank. The loan was repayable in 14 half yearly instalments of Rs. 3000/- each along with the interest. The first instalment was to commence from December, 1982. The entire loan was to be repaid over a period of 7 years i. e. upto December, 1989. PETITIONER, having failed to pay the first instalment in full and in time, proceedings under the Rajasthan Agricultural Credit Operation (Removal of Difficulties) Act, 1974 (for short `the Act of 1974 (for short `the Act of 1971) were initiated on 8. 11. 1983 though the petitioner had deposited a sum of Rs. 2000/- as part of first instalment on 13. 6. 1983. During the proceedings, referred to above, the tractor and the cultivator as also the agricultural land of the petitioners came to be attached vide order dated 28. 2. 1984. The land of the petitioner came to be put on auction on 27. 6. 1984 and, finally, on 5. 7. 1984 and, ultimately, the sale in the name of respondent No. 6 was confirmed on 13. 7. 1984 for a sum of Rs. 65000/ -. The petitioners also deposited the entire outstanding loan amount on 17. 6. 1984. PETITIONERs have challenged the entire recovery proceedings and the confirmation of sale of the land in question in the present writ petition.

(2.) THE facts, as stated above, have not been disputed so far. It has also come on record that the tractor and the cultivator, after been attached were given in Superdaginama to a third person by the Tehsildar concerned, however, without getting the tractor and the cultivator back from the person to whom the same were handed over on Superdaginama, the auction of the immovable property itself had been made. It has also come on record that at the time of auction the value of the land was assessed at Rs. 100000/-, whereas, the sale had been finalised only for Rs. 65000/ -. On a complaint been made in regard to entire auction proceedings by the Tehsildar concerned, an enquiry has also been made by the Sub Divisional Officer, Jaipur. It has been reported that there have been clear violation of the relevant rules in putting the land in question on auction. Apart from proper notice not been issued, even the auction proceedings have been held in a very casual and cursory manner. THE Sub Divisional Officer after inspecting the original file has observed that even the note- sheets of the auction proceedings were not drawn by the Tehsildar concerned on the spot. As per report of the Patwari received as per directions of the Sub Divisional Officer the land in question was assessed for more than Rs. 10 lacs. Even from the statement made by the respondent No. 6 inference can be drawn of clear violation of the relevant provisions of the rules in holding the entire auction proceedings. That apart, even as per rule 5 (14) of the Rajasthan Agricultural credit Operation (Removal of Difficulties) Rules, 1976, the buyer could only be an agriculturist as defined in the Act, however, in the present case, as per the statement made by the respondent No. 6 himself, he cannot be termed as a `agriculturist' because he was running a floor mill and doing the same business.