LAWS(MPH)-2012-8-220

BALA DUBEY Vs. STATE OF M P

Decided On August 09, 2012
Bala Dubey Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) By this petition under , the petitioner is challenging the legality and validity of the impugned order dated 6.5.1978 (annexure P/21) passed by the Competent Authority under the Ceiling on Agriculture Holdings Act, 1960 (in short, the Ceiling Act) whereby the land in question has been declared surplus and this order has been affirmed up to the Board of Revenue.

(2.) The facts necessary for the disposal of this case lie in a narrow compass. Suffice it to say that the holder of the land was one Girja Bai. In the year 1972 said Girja Bai obtained loan from 5 th respondent M.P. State Cooperative Land Development Bank (hereinafter referred to as the Bank) and mortgaged the land in question to the Bank. On account of non payment of loan of Rs. 20,000/- which she took, the Bank took a decision to auction the land in question. Eventually, on 9.6.1985 sale notice (annexure P/8) was issued by the Bank; on 11.6.1985 (annexure P/9) the auction took place; on 24.9.1985 (annexure P/12) the sale was confirmed by Assistant Registrar, Cooperative Societies; and on 4.6.1988 (annexure P/13) the sale deed was executed in favour of the petitioner/auction purchaser.

(3.) On bare perusal of the averments made in the petition as well as the impugned order of the Competent Authority dated 6.5.1978 (annexure P/21) it is gathered that the draft statement was published and thereafter the return (annexure P/20) was submitted by the said holder Girji Bai stating therein in the requisite column that the land in question has been mortgaged by her with the Bank (respondent no.5). 2But, no notice under Section 11(3) of the Ceiling Act was issued to the Bank.