Rule, returnable forthwith.

Heard by consent of parties.

2. This petition, filed under Article 227 of the Constitution of India, is directed against the judgment and order dated 19th March, 2008 passed in Revision Application No.383/2007 by the Divisional Joint Registrar, Kolhapur Division, Kolhapur. Factual Matrix :

3. The petitioner herein is a Special Recovery Officer of Ashta Lokmanya Nagri Sahakari Pathsanstha Maryadit, Ashta, Sangli a credit society ("Credit Society" for short) registered under the Maharashtra Co-operative Societies Act, 1960 ("MCS Act" for short). On 7th February, 1997, the respondent No.1 approached to the Sangli Branch of the Credit Society for obtaining loan of Rs.1 lakh for construction of the house.

4. The Credit Society, on 23rd March, 1997, sanctioned loan in favour of the respondent No.1. The respondent No.1 has mortgaged his agricultural land being Gat No.22-B admeasuring 4 hectors situated at village Salagare, taluka- Miraj, district- Sangli by a registered deed of mortgage dated 14th March, 1997.

5. The respondent Nos.1 borrowed amount of loan and agreed to repay it with interest thereon. The amount of loan was used for construction of the house. However, he committed default in repayment of the outstanding dues of the Credit Society.

6. The respondent No.1 filed dispute under section 91 of the MCS Act being Dispute No.752/1999 in the Co-operative Court, Sangli against the Credit Society claiming for one time settlement of the loan account and also applied for injunction. The said dispute was, ultimately, withdrawn by respondent No.1 on 27th June, 2005.

7. The Credit Society initiated proceeding under section 101 of the MCS Act on 18th July, 2005 for the recovery of their dues with interest and expenses and obtained recovery certificate from respondent No.5, the Deputy Registrar, Co-operative Societies, Miraj. This order was not challenged by the respondent No.1. It, thus, became final and conclusive.

8. The Credit Society initiated execution proceedings. The petitioner- recovery officer issued public notice on 19th December, 2005 in "Dainik Tarun Bharat" news paper informing the public at large that the mortgaged property of respondent No.1 will be auctioned on 20th January, 2006 at village Salagare.

9. The Credit Society did not receive good bidders for the auction sale, as such fresh public notice was published on 10th February, 2006 in "Dainik Tarun Bharat" news paper informing the date of public auction scheduled on 23d February, 2006.

10. The respondent No.1 with the help of Shetkari Sanghatana, a political party obstructed the public auction. With the result, again the Credit Society was required to publish notice on 5th July, 2006 informing the date of public auction scheduled on 20th July, 2006. By the time fresh auction could be called, outstanding loan amount against respondent No.1 became due and payable in the sum of Rs.2,26,024.50.

11. On 20th July, 2006, auction sale was held in respect of 2 hectors of land out of the mortgaged property. The Credit Society received bid of Rs.2,61,000/- from one Mr.Vikram Kamble and Vijay Parit respectively. The auction purchasers deposited 15% of the auction sale price and the said amount was lying in deposit with the Credit Society. The Assistant Registrar, on 26th October, 2006, confirmed the auction sale.

12. The respondent No.1 had attempted to obstruct auction sale from time to time. He filed revision under section 154 of the MCS Act being Revision Application No.225/2006 before the Divisional Joint Registrar, Kolhapur on 20th September, 2006, to challenge the auction sale.

13. The respondent No.1 incidentally raised an objection to the recovery certificate obtained under section 101 of the MCS Act. According to him, the Assistant Registrar, Co-operative Societies, Islampur, who had issued the said recovery certificate, did not have territorial jurisdiction.

14. The respondent No.1 did not comply with mandatory provision of section