UCO BANK AND ANR. Vs. DIPAK DEBBARMA & ORS.
SUPREME COURT OF INDIA
Uco Bank And Anr.
Dipak Debbarma And Ors.
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RANJAN GOGOI,J. -
(1.) Leave granted.
(2.) The writ petition out of which these appeals have arisen was instituted before the Agartala Bench of the Gauhati High
Court. The writ petitioners, who are the respondents herein,
are members of Scheduled Tribe(s) of the State of Tripura.
They had contended that the Sale Notification dated
26.06.2012 issued by the appellant Bank under the provisions of the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002 (hereinafter
referred to as the "Act of 2002") was in infraction of Section
187 of the Tripura Land Revenue and Land Reforms Act, 1960 (hereinafter referred to as the "Tripura Act of 1960") as under
the Tripura Act there is a legislative embargo on the sale of
mortgaged properties by the bank to any person who is not a
member of a scheduled tribe. The auction purchasers in the
present case happened to be the persons who are not
members of any scheduled tribe.
(3.) The High Court by the impugned order answered the writ petition in favour of the respondents/writ petitioners on the
ground that the Tripura Act of 1960 being included in the
Ninth Schedule to the Constitution and, therefore, enjoying
the protection of Section 31-B of the Constitution, would
prevail over the Act of 2002 so as to invalidate the sale
Notification dated 26.06.2012, the same being contrary to the
provisions of Section 187 of the Tripura Act of 1960.;
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