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2008 Supreme(MP) 752

AJIT SINGH
Savita Ben Patel – Appellant
Versus
State of M. P. – Respondent


ORDER

1. The order passed in Writ Petition No. 4969/2008 (Smt. Savita ben Thakur Das Patel v. The State of Madhya Pradesh and others) shall also govern the disposal of Writ Petition No. 4972/2008 (Rupesh Thakur Das Patel v. The State of Madhya Pradesh and others). Since both these petitions involve a common question of law, they were heard together.

2. The petitioners herein have prayed for quashing of recovery proceedings and notification dated 4.3.2008, Annexure P-l, issued by the Tahsildar (respondent No.3) in respect of proclamation of sale of their immovable property for recovery of dues of the Citizen Cooperative Bank Limited (respondent No.4) (in short "the Bank").

3. The petitioners are mother and son. They, for their business, took financial assistance of huge amount from the Bank after mortgaging their agricultural land in the form of security against the loan. The petitioners after paying some installments committed default. The Bank, therefore, initiated recovery proceedings against them under the provisions of Madhya Pradesh Cooperative Societies Act, 1960 but did not pursue the proceedings and instead it took recourse for recovery of dues under the provisions of th















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