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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Amitendra Kishore Prasad, J
Satyanarayan Agrawal S/o Radheshyam Agrawal – Appellant
Versus
State of Chhattisgarh, through Secretary, Co-operative Department D.K.S. Bhawan, Raipur District Raipur (C.G.) – Respondent
Order :
(Amitendra Kishore Prasad, J.)
1. Heard Mr. Manoj Paranjpe and Ms. Anushka Sharma, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer appearing for the State as well as Mr. Amiyakant Tiwari, learned counsel appearing for respondent No.4A.
2. The petitioner has filed this writ petition challenging the legality, validity and correctness of the order dated 15.06.2010 passed by the State of Chhattisgarh, Co-operative Department in Revision Case No.78/26/2008 as also the order dated 23.09.2008 passed by the Additional Registrar, Co-operative Societies, Chhattisgarh in Second Appeal Case No.77(2)(1)49/07 as well as order dated 15.09.2007 passed by the Joint Registrar, Co-operative Societies, Chhattisgarh in Appeal Case No.77(1)358/R/04, by which the auction sale was declared to be illegal. The petitioner is auction purchaser of the land. The land was auctioned due to non-payment of the loan by the original owner, namely Mohan.
3. The petitioner while challenging the aforesaid orders has sought for following relief(s) :-
“1] That, this Hon’ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions quashing the order
The court ruled that auction sales must comply with procedural requirements, and failure to notify the original owner invalidates the sale, emphasizing the principle of estoppel when objections are n....
Auction sales of mortgaged properties must comply with statutory requirements; failure to do so, especially under false pretense, allows for judicial intervention to set aside such sales.
The court emphasized that auction sales must adhere to statutory requirements and principles of natural justice, ruling that collusion invalidates the auction process.
Writ court does not encourage petitions from indolent, tardy and lethargic litigants – Writ court comes to aid of a litigant who approaches it with promptitude and before accrual of third-party right....
The court established that compliance with procedural rules in auction sales is essential, and the burden of proof lies with those challenging the sale to demonstrate fraud or irregularity.
Mandatory conditions for auction sales under the Maharashtra Co-operative Societies Act cannot be waived; violation results in nullity of the sale and requires fresh proceedings.
An application under Rule 52 (13) (i) of the Andhra Pradesh Cooperative Societies Rules, 1964, to set aside a sale of mortgaged property must be filed within 30 days from the date of sale. Failure to....
A sale officer may proceed to sell a defaulter's properties other than mortgaged property in applying for debt recovery if suitable under the cooperative society's regulations.
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