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2001 Supreme(Bom) 937

P.S.BRAHME
Punjaji Channusing Halde – Appellant
Versus
State of Maharashtra, through the Secretary and others – Respondent


JUDGMENT - P.S. BRAHME, J.:---Petitioner approached this Court to challenge the order passed by Additional Commissioner, Amravati in Appeal No. 7/LND -31/1988-89 dated 30th March, 1994.

2. The Additional Commissioner observed that as a special case the sale of the land for repayment of bank loan be deemed to be with permission of the Collector and State Government, and regularised accordingly. He further observed that the case be transferred to the Collector with direction as above.

3. The subject matter of the dispute is agricultural land bearing Survey No. 268/3 (Gat No. 679) admeasuring 2 hectares and 12 acres, admittedly owned by the petitioner Punjaji Halde who claimed to be belonging to a tribal. Admittedly he had taken loan of Rs. 1,500/- on 26-8-1965 from the Janata Sahakari Bank Limited, Buldhana i.e. respondent No. 3 and for that the said land was mortgaged with the bank as security for the loan. Since the loan was not repaid, respondent No. 3 bank initiated action under the Maharashtra Co-operative Societies Act and auction sale of the land was conducted on 9-3-1978. In the public auction the land was sold to respondent No. 4 for a consideration of Rs. 720/-. Thereafter,





















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