Honble RAFIQ, J.—The petitioners, who have all replaced the original petitioner Badri Lal Raigar (since deceased), have filed this writ petition against the order dated 27.1.1996 passed by Additional Registrar-II, Co-operative Societies, Rajasthan, Jaipur whereby the revision petition filed by late Shri Badri Lal Raigar against the auction notice dated 5.4.85 issued by Inspector of Co-operative Societies, Malpura was dismissed. A further prayer has been made that the auction of the petitioners agricultural land be declared illegal and be quashed and set aside.

2. Factual matrix of the case is that original petitioner Badri Lal, who was member of Scheduled Caste being a Raigar by caste, was the real son of Ramcharan, but his Uncle Ramsukh took him in adoption. Ramsukh and Ramcharan were the original khatedars of khasra No. 2821, 5408, 5409, 5411, 5413, 5114 admeasuring 10 bighas and 10 biswas. The respondent Tonk District Co-operative Land Development Bank advanced a loan of Rs. 4,500/- to the petitioners on 7.8.1971. Land in dispute was mortgaged with the Bank against the aforesaid loan as a security. Ramsukh and Ramcharan could not make payment of the installments regularly therefore became defaulters. They expired in the year 1977 and 1976 respectively. Badri Lal claimed that he came to know about the aforesaid loan only when he received a notice from the respondent Bank on 19.5.1976 informing that so far only a sum of Rs. 2,000/- has been deposited against the loan. On enquiry from the Bank, he came to know that apart from Rs. 2000/- a sum of Rs. 400/- was also paid by his father on 15.6.1976 and thereafter also some more amount was paid. The petitioner Badri Lal thereafter obtained a certified the respondent Bank in the year 1981 according to which a sum of Rs. 4,441/- was due to be paid. Accordingly to him, the said account was opened in the name of deceased Ramsukh and the name of Ramcharan was not there. In the year 1980, the respondent bank attached the electric pump set, for purchase of which the loan was given and gave the same in the custody of one Motilal on 16.5.1980. Even then, the respondents proceeded to auction the lands of the petitioner Badri Lal. The petitioner made several representations to the respondents and finally the land of the petitioner was auctioned on 5.4.85 for a meager sum of Rs. 37,401/- as against the prevalent market value of Rs. 5,00,000/-, though the outstanding loan against the petitioner at that time was approximately of Rs. 8,600/-. Land was purchased by respondent No.3 in auction and possession of the same was given to him. Aggrieved thereby, the petitioner initially filed a petition before the Sub-Divisional Officer, Tonk, but that was held not maintainable. Thereafter, he filed a revision petition under Section 128 of the Rajasthan Co-operative Societies act, 1965 (for short, the Act of 1965) before the Additional Registrar-II, Co-operative Societies, Rajasthan, Jaipur. When he did not decide the petition, the petitioner filed a representation before the Minister Incharge of Co-operatives Department who in turn sent the same to the Additional Registrar-II, Cooperative Societies for decision. The revision petition was finally dismissed by order dated 27.1.1996. It is against the backdrop of these facts that the present writ petition has been filed challenging the aforesaid orders.

3. I have heard Shri G.L. Pareek, the learned counsel for the petitioner, Shri Samit Bishnoi, the learned counsel for respondent No.1 and 2 and Shri J.P. Goyal, the learned counsel for the respondent No.3.

4. Shri G.L. Pareek, the learned counsel for the petitioner argued that according to Section 37 of the Rajasthan Tenancy Act, lands of the khatedar tenant are not liable to seizure, attachment or sale by process of a Civil Court. He submitted that the land of the petitioner, who is a member of scheduled caste could not be sold to a member of general category even in auction. According to Section 42 of the Ra

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