Decided on February 25,2020

STATE OF BIHAR Respondents


R.SUBHASH REDDY, J. - (1.)This civil appeal is filed by the appellants, aggrieved by the judgment and order dated 12 th March, 2008 passed in Letters Patent Appeal No.79 of 1994 by the High Court of Patna.
(2.)Necessary facts in brief are as under:-
(3.)One Sadhusharan Yadav, Respondent No.14 herein, took a loan from the Land Development Bank, Uda Kishunganj (Madhipura) during the year 1971, by mortgaging his agricultural land. Sadhusharan Yadav defaulted in payment of loan and, thus, a certificate case No.338 of 1981-82 was initiated for realization of said loan amount. It appears that even before initiation of certificate proceedings, the mortgaged land was sold by the Respondent No.14 to the objectors- writ petitioners by executing registered sale deeds. In realization of the loan amount, the mortgaged land, i.e.the land in question, was sold by way of auction.
The appellants herein are the purchasers in the auction sale held on 15.06.1983. The respondents-writ petitioners having come to know about the auction sale, filed an application before the Certificate Officer on 15.07.1983 under Section 28 of Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter "the Act"). Though, there is some controversy, as to whether application was filed under Section 28 or 29 of the Act, as much as all authorities have proceeded on the premise that the application was filed under Section 28 of the Act, we need not go into such controversy. Though, the said application was filed for setting aside the sale, no deposit of any amount was made as required under Section 28 of the Act. The Certificate Officer by an order dated 05.09.1983 permitted the objectors-writ petitioners to deposit the amount of Rs.12000/- along with 10% penalty on the said purchase money and interest thereon @ 6ΒΌ% per annum at the Uda Kisunganj branch of the Land Development Bank, and submit proof of the deposit on or before 22.09.1983.

The respondent-writ petitioners claimed to have deposited the amount on 17.09.1983. However, it is stated that pacca receipt in respect of the said deposit, was made available by bank authorities later on 28.09.1983.


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