JUDGMENT :

(S.G. Dige, J.)

1. Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the admission stage.

2. The challenge in this petition is legality, validity and correctness of the order dated 20.06.2022 passed by the District Deputy Registrar, Dhule fixing erroneous upset price of the writ property of the petitioner under Rule 107(11) of the Maharashtra Cooperative Societies Rules, 1961 (hereinafter referred to as ‘the Rules’) without giving an opportunity of being heard to the present petitioner.

3. Brief facts of the case are as under:

In the year 2005, the brother of the petitioner obtained loan from respondent no.5- Cooperative Bank. The present petitioner stood as guarantor. The brother of the petitioner failed to repay the loan. Hence, recovery certificate was issued against the petitioner to the tune of Rs.8,10,643/-.

The Chief Executive Officer of respondent no.5-Bank made a proposal dated 02.02.2017 to the District Deputy Registrar for fixing upset price of the writ property i.e. Plot No.41 out of survey no.3/1A+1B i.e. CTS No.1485/2 admeasuring 30.06 sq.mtr situated at Dhule-2, District Dhule, which was fixed at Rs