MAGAN LAL NAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE above numbered two writ petitions are identical writ petitions, one by the purchaser of the auction sale and the other by the Kota Central-Cooperative Bank Ltd. for whose loan dues the agricultural land was put to auction. In each of the writ petitions the challenge is to the order dated December 11, 1984 of the State Minister for Co-operation, Government of Rajasthan made on a revision petition filed before him under the provisions of Section 1 8 of the Rajasthan Co-operative Societies Act, 1965 (for short, the Act). THE aforesaid challenge is inter alia on the ground that the provisions of Sections 105 and 106 of the Act to which the reference has been made by the Minister in his order are not applicable in this case; no appeal under sec. 117 and 118 of the Act has been filed and the auction sale has become final; the objections against the auction sale having not been filed within 30 days from the date of sale the principles of resjudicate will be attracted and the order of the Minister is without jurisdiction.

(2.) THE facts of the case are these. Smt. Ghisi Bai daughter of Ahmad Ali was the khatedar of khasra No. 199 measuring 48 bighas 19 biswas situated in village Amlavada, Tehsil Kishanganj District Kota. Kurban Ali was her brother. Smt. Ghisi Bai had taken fertilizer on loan of value of Rs. 1900/- on September 23, 1975 and cash loan Rs. 1900/- on June 22, 1975 in her name from Kishanganj Lamps. Besides Kurban Ali, she had one more brother Amzad Ali. It appears that in addition to the loans as aforesaid taken by her, her two brothers had also taken loans from Kishanganj Vrahadkrishi Bahu-udeshiya Sahkari Samiti (from short. Society). A sum of Rs. 5338 50P upto December 31, 1985 was due against Kurban Ali, the brother of Smt. Ghisi Bai, who has died thereafter. A sum of Rs. 7106/- was due against the another brother of Smt. Ghisi Bai, namely Amzad Ali, as on December 31,1985. Thus, a total sum of Rs. 20,986,98 was due against Smt. Ghisi Bai and her two brothers as on December 31, 1985. Some movable property of Smt. Ghisi Bai was attached and she wrote to the Executive Officer of the Central Co-operative Bank Ltd. Kota (for short, the Bank). Under her letter dated January 11, 1979 that she is willing to clear her dues as well as dues of her two brothers out of whom Kurban Ali had died, and half-share in Khasra No. 369 measuring 24 bighas and 5 biswas may be attached and may be auctioned to recover the amount. It appears that instead of Khasra No. 369 half share of Khasra No. 199 measuring 48 bighas 19 biswas was attached in auction and the highest bid of Maganlal Nagar, the petitioner in Writ Petition No. 533 of 1987 was accepted. THE aforesaid auction had taken place on February 4, 1986 and the Executive Officer confirmed the sale under his order dated April 4, 1986 in favour of Maganlal Nagar. Aggrieved against the auction a revision petition was filed by Smt. Ghisi Bai before the Government of Rajasthan and the Minister for Co-operation under his order dated December 17, 1986 allowed the revision petition and set aside the auction as well as confirmation of sale.

(3.) WE may state that we had offered to the Bank as well as to the auction purchaser, the two petitioners that the auction purchaser can if he so likes take the amount alongwith reasonable interest the Bank having recovered its dues out of sale proceeds and the counsel for the defaulter Smt. Ghisi Bai was prepared to consider it but the learned counsel for the auction purchaser first sought time, but thereafter did not come out with any concrete proposal. Only for the recovery of Rs. 20,000/- and that too against the three defaulters 1/2 share of the land for Rs. 55000/- was auctioned and as per the case of Smt. Ghisi Bai that 1/2 share of the land was of much more value than Rs. 55000/- It was auctioned in contravention of the provisions of sub-rule (16) of rule 92 of the Rules. Under these facts and circumstances, we do not find any case for interference in these writ petitions in our extra-ordinary jurisdiction under Article 226 of the Constitution of India.