2025:CGHC:4205-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Anup Kumar Shukla S/o Nand Kishore Shukla Aged About 68 Years Resident Of Village Sitapara, Tahsil Simga, District Raipur, Presently R/o C/o Shri Gautam Verma , Juni Line, Bilaspur (Chhattisgarh)

... Appellant versus

1 - Joint Registrar Co-Operative In the office of the Registrar, Cooperative Societies, Chhattisgarh, Agricultural University Campus Lobhandi, Raipur, Chhattisgarh

2 - District Co-Operative Agricultural And Rural Development Bank Limited Branch Simga, Distt. Raipur Chhattisgarh Through Its Branch Manager

3 - Sale Officer, District Agriculture And Rural Development Bank Limited Branch Simga, District Raipur, Chhattisgarh

4 - Sampat Lal S/o Karanmal Jain Bairan Bazar, Raipur Teh And District Raipur Chhattisgarh

5 - Kamalkant S/o Late Surendra Nath Sirmaur, R/o R.D.A. Building, Sharda Chowk, Raipur, District Raipur, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System)

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For Appellant : Shri BP Sharma, and Shri ML Sakat, Advocates

For Respondents/State : Shri Sangharsh Pandey, GA

For Respondents-Bank : Shri Manas Bajpai, Advocate

For Respondents-4 and 5 : Shri Manoj Paranjpe, and Shri Pranjal

Agrawal, Advocates

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Hon'ble Shri Ramesh Sinha, Chief Justice & Hon'ble Shri Justice Ravindra Kumar Agrawal Judgment on Board Per Ravindra Kumar Agrawal, J.

23.01.2025

1. Present writ appeal has been filed by the appellant, who was the petitioner in writ petition, against the impugned order dated 25.10.2024 passed by the learned Single Judge in Writ Petition No.1326 of 2006, whereby the writ petition filed by the petitioner has been dismissed.

2. Brief Facts of the case as emerges from the pleadings of the parties in the writ petition are that the appellant/petitioner was owned 9.4 hectare (23 acres) of agricultural land, situated near Hathbandh Railway Station, at village Sitapar, Tehasil Simga, District Raipur CG with various Khasara numbers. To improve the agricultural fields and the activities, petitioner purchased a tractor after obtaining loan of Rs.3.25 lakhs from the District Cooperative Krishi evam Gramin Vikas Bank, Maryadit, Branch Simga (for short, ‘Cooperative Bank, Simga’) in the year 2000. Due to some unavoidable circumstances, the petitioner went under serious losses which resulted into inevitable defaults in repayment of loan amount and its installment.

3. By the time of sanctioning the loan in favour of the petitioner, he mortgaged his agricultural land of 9.4 hectare with the Bank. Market value of the land of the petitioner was more than its existing recorded value and it was the irrigated land, as the petitioner installed a tube well also there.

4. On 25.07.2005, the petitioner received a notice from the respondent/Bank, allegedly issued on 27.06.2005, and came to know about the fact that on 27.06.2005 land of the petitioner was auctioned by the Bank and respondents 4 & 5 have purchased the land of petitioner in auction for total consideration of Rs.8,31,000/-. The auction purchaser was directed to deposit 15% of the total sale consideration which comes to 1,24,650/- on the date of auction itself, and the remaining amount of 85% which comes to 7,06,350/- should be deposited up to 11.07.2005, so that proceeding of sale confirmation may be started. It is also pleading of the petitioner that he immediately replied and expressed his willingness for settlement and stated that the entire auction sale proceeding was held RHT manner, no news paper publication was made and no proper procedure has been drawn for auction sale of the property and all of a sudden petitioner’s land was put to auction. It has also come into knowledge of the petitioner that only two bidders i.e. respondents 4 & 5 were present, whose bid was confirmed and ther