SHASHI BHUSAN Vs. DISTRICT CO OPERATIVE LAND DEVELOPMENT BANK LTD

JUDGEMENT

(1.) BY this petition the petitioners have challenged the auction proceedings initiated by respondent No. 3-Sales Officer in respect of the mortgaged property of Late. Shashibhusan and its subsequent confirmation by the Assistant Registrar (Admn.), co-operative Societies, Ambikapur vide order dated 22-4-1993 of Annexure P-14.

(2.) THE case of the petitioners as reflected from the averments of petition and the documents annexed therewith is that the petitioners, who are the legal representatives of the deceased Shashibushan, have filed this petition with the allegations that shashibushan was the owner of land bearing Khasra No. 218/1 (piece) area 1. 700 hectare situated at Village Koilari, Tehsil dhaurpur, District Sarguja (M. P. ). He had borrowed a loan of Rs. 8,775/- from respondent no. 1-District Co-operative Land Development Bank, ambikapur against various heads and made repayment of Rs. 1,500/- on 2-3-1977, Rs. 1,500/- and Rs. 3,250/- on 13-4-1977, Rs. 1,000/- on 21-5-1977, Rs. 500/- on 6-6-1977 and Rs. 600/-on 18-7-1977 and thus, repaid Rs. 8350/-out of Rs. 8775/- in the year 1977 itself as per entries made in the rin pustika and only a sum of Rs. 425/- was remaining unpaid. Respondent No. 1 on 13-11-1990 issued a notice (Annexure P-2) to the said shashibhusan for sanction of new loan, however, the same was not availed as by then the said Shashibushan was dead. No amount, as mentioned in the notice, was due because the amount of Rs. 425/- was to be subsidized. Petitioner Ghanshyam made a complaint to respondent No. 4-Collector vide annexure P-3. The deceased was also entitled for debt relief as per scheme of the government i. e. M. P. Agriculturist debt Relief Scheme, 1990 (for short 'the Scheme'), as the loan borrowed was less than Rs. 10,000/-Respondent No. 3 on 24-12-1992 issued notice (Annexure P-5) for sale of immovable property showing amount to be recovered as Rs. 18,000/- and subsequently, sent a notice dated 8-1-1993 of Annexure p-6 whereby said Shashibushan was informed that because of non-payment of loan the disputed land has been auctioned and in case he wants to redeem the land, then he should deposit the balance of loan by 6-2-1993 along with interest of 5%, failing which the sale shall be forwarded for confirmation to the Assistant Registrar. The petitioners namely Ghanshyam, Tejram and ravinarayan sent legal notice dated 18-1-1993 (Annexure P-7) to respondent No. 3 sales Officer, disputing the liability of their deceased father and also mentioning that their father Shashibushan died in the year 1985 and therefore, any auction of the land of their deceased father is illegal and the same should be cancelled. By yet another notice dated 20-1-1993 addressed to respondent no. 3-Sales Officer copies of auction proceedings were sought and thereafter again a legal notice dated 25-1-1993 was sent. An objection dated 27-1-1993 against the confirmation of sale was filed vide Annexure P-10 before the Assistant Registrar, co-operative Societies, who vide memo dated 12-4-1993 (Annexure P-12) issued in the name of deceased Shashibushan invited his objections against the confirmation of sale of the disputed land and thereafter, the sale was confirmed vide order of Annexure P-14 dated 22-4-1993.

(3.) RESPONDENT Nos. 1 and 3 in their joint reply to the petition have averred that since the father of the deceased did not pay back the loan borrowed by him from the respondent no. 1-Bank, his land was put to auction sale in accordance with law and the auction sale has been subsequently confirmed by the Assistant Registrar, Co-operative Societies vide order dated 22-4-1993 (Annexure R-1 ). Repayment of loan, as claimed, has been denied, however, the applications as per Annexure P-7 and P-8, notice of Annexure P-9 and application of Annexure P-10 have been admitted.