2026:CGHC:14847 NAFR Digitally signed INDRAJEET by INDRAJEET SAHU HIGH COURT OF CHHATTISGARH AT BILASPUR SAHU Date: 2026.04.08 17:21:44 +0530 WP227 No. 937 of 2014

1 - Bhola Prasad S/o Tulsi Sao R/o Village Chando, PO And PS Chando, Tahsil Samri Kusmi, Distt Balrampur- Ramanujganj, Chhattisgarh.

... Petitioner(s)

Versus

1 - Chhattisgarh State Co-Operative Tribunal Old Composite Building, Bilaspur, District Bilaspur, Chhattisgarh.

2 - Assistant Registrar O/o Asstt. Registrar, Co-Operative Societies, Balrampur, Distt. Balrampur-Ramanujganj, Chhattisgarh.

3 - Sales Officer, Jila Sahkari Krishi And Gramin Vikas Bank, Maryadit, Ambikapur, Distt Sarguja, Chhattisgarh.

4 - Shri Chaturvedi, Clerk, Jila Sahkari Krishi And Gramin Vikas Bank Maryadit, Ambikapur, Distt Surguja, Chhattisgarh.

5 - Bhagirathi @ Garju S/o Late Ramprasad, Aged About 45 Years R/o Village Jariyo, PO And PS Chando, Tahsil Samri Kusmi, Distt Balrampur-

Ramanujganj, Chhattisgarh.

6 - Sarju S/o Late Ramprasad Aged About 45 Years R/o Village Jariyo, Po And PS Chando, Tahsil Samri Kusmi, Distt. Balrampur- Ramanujganj, Chhattisgarh.

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Shri Bhaskar Pyasi, Advocate.

For State : Shri Ghanshyam Kashyap, Govt. Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

30.03 . 202 6

1. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 02.12.2014 passed by the Chhattisgarh Cooperative Tribunal, Bilaspur (in short the Tribunal) in Appeal Case No.8/2014 whereby the appeal filed by the respondent No.5&6 was allowed and the order date 26.06.2014 passed by the Joint Registrar, Cooperative Societies, Surguja Division, Ambikapur, was set aside and the order dated 01.10.2023 passed by the Assistant Registrar, Cooperative Society Balrampur was affirmed.

2. Brief facts of the case are that, the father of respondent No.5&6 namely Ram Prasad borrowed a loan of Rs.28,000/- on 11.03.1994 from Zila Sahkari Bhumi Vikas Bank under the Scheme of NABARD for the purposes of Well and Water Pump. He mortgaged his land with the Bank against the sanctioned loan which was situated at village Jariyo, PH No.14, Tehsil Kusmi District Balrampur Ramanujganj. Due to non payment of loan installments, Surguja Sahkari Vikas Bank Maryadit, Ambikapur, issued a notice on 28.08.1999 to the father of respondents No.5&6 and directed him to pay installment of borrowed amount otherwise the bank would start recovery proceeding and to put the mortgaged property in auction. On 12.07.1999 the Board of Directors of Zila Sahkari Bhumi Vikas Bank passed a resolution to take action against the father of respondents No.5&6 for recovery of loan amount then another notice was issued on 10.04.2008 for auction of mortgaged property of the father of respondents No.5&6 and asked them to deposit the outstanding amount within 15 days or else the auction proceeding would be carried out. Another notice was issued to them on 05.05.2009, but neither any objection was raised nor they file any reply to the notices. The subsequent notice dated 22.03.2013 was also not replied by the respondents No.5&6 and then a proclamation was also made in village through village Chowkidar from 20.05.2013 to 22.05.2013. Thereafter on 23.05.2013 the auction proceeding was started and the petitioner being the highest bidder purchased the property in auction for a consideration of Rs.1,65,100/-. Thereafter, the petitioner filed an application under Section 110 of the Chhattisgarh Land Revenue Code, 1959 (in short, the Code) for mutation of the said land in his favour. In the mutation proceeding the respondent No.5 filed an objection under Order 7Rule 4 of CPC that the respondents No.5&6 belong to Scheduled Caste (ST) category and their land cannot be auctioned. The Tehsildar rejected their objection and passed the order of mutation on 31.07.2014. The respondents No.5&6 filed an objection before the A