- (1.) 02/04.05.2012: The grievance of the petitioner that though she is not a party to Certificate Case No.9 of 2000 pending in the court of District Cooperative Officer cum Certificate Officer, Ranchi, her land is being put on auction in execution of the certificate against the vendor.
(2.) IT has been stated that the petitioner had no knowledge about any encumbrance on the land. She is a bona fide purchaser of the land for a valuable consideration by virtue of registered deed of sale dated 17th May, 2001. After purchase, the petitioner got her name mutated in the revenue record. She has been paying rent regularly. The petitioner's land has been sought to be auctioned in the said certificate without giving notice or opportunity of hearing to the petitioner. The petitioner came to know about the said case and the order of the Certificate Officer through newspaper that her land is going to be auctioned in connection with Certificate Case No.9 of 2000 in which she is not a party. It has been submitted that the entire process and proceeding in the court of learned Certificate Officer with regard to the petitioner's land is illegal and vitiated and is liable to be quashed. The petitioner be also held to be not bound by any such order, which has been passed behind her back and without giving her any notice or opportunity of hearing. Learned J.C. to S.C. (Mines), appearing on behalf of the respondents, submitted that if the petitioner has any claim, she should have approached the concerned Certificate Officer and should not have directly approached this Court. The petitioner has got effective alternative to file objection before the Certificate Officer. If the petitioner files any such objection/ 2 representation, the same shall be heard and appropriate order shall be passed by the Certificate Officer.
(3.) HAVING heard learned counsel for the parties and considering the facts and circumstances of the case, this writ petition is disposed of, giving liberty to the petitioner to file objection/representation before the District Cooperative Officer cum Certificate Officer, Respondent No.2. If such objection/ representation is filed, the said respondent shall consider and dispose of the same in accordance with law after hearing the petitioner and other concerned parties . Until final disposal of the petitioner's objection/ representation, no coercive action shall be taken against the petitioner and she shall not be dispossessed from the land purchased by her.;