Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7187 of 2013 ====================================================== 1.Shiv Dular Singh, son of Shiv Govind Singh, resident of village Karma, P.S. Karakat (Gorari) District Rohtas, at present 2.Revti Raman 3.Uma Shankar Singh 4.Ganesh Prasad Singh 5.Raj Narayan Singh, All sons of Late Ram Adhar Singh and Rajmuna Devi, All resident of village Karma, P.S. Karakat (Gorari) District Rohtas, at present residing at village Chapri, P.S. Obera, District Aurangabad 6.Manoj Kumar Singh, son of Kameshwar Singh, resident of village Baldeo Tola, P.S.Kachhahwar, District Rohtas 7.Sunil Kumar Singh, son of Late Raghunath Singh 8.Rajendra Prasad 9.Surendra Prasad, both sons of Late Ramdeo Singh, All resident of village Ratanpur Tola Jeevan Bigha, P.S. Obera, District Aurangabad .... .... Petitioners Versus 1.The Bank of India, Dehri-on-Sone Branch through it’s Branch Manager, P.S. Dalmianagar, District Rohtas 2.M/s. Sharma poultry Breeders at Coal Dipo GT Road, P.O. Khaira Via Dalmianagar, Dehri On Sone, District Rohtas and Hatchery Farm at village Shankarpur Bodhiha P.O. & P.S. Dehri-on-Sone, District Rohtas 3.Dr.Praveen Kumar Sharma, son of Late Ram Ballabh Prasad Sharma, C/o Sharma poultry Farm Coal Dipo GT Road, P.S. Khaira Via Dalmianagar, Dehri On Sone, District Rohtas 4.Smt.Anita Sharma, W/o Dr.Praveen Kumar Sharma, R/o C/o Sharma Poultry Breeders, Coal Dipo GT Road, P.S. Khaira Via Dalmianagar, Dehri On Sone, District Rohtas 5.Smt.Dr.Lakshmi Sharma W/o Late Dr.Prem Kumar Sharma, R/o C/o Sharma Poultry Breeders, Coal Dipo GT Road, P.S. Khaira Via Dalminagar, Dehri On Sone, District Rohtas 6.Master Pratosh Kumar Sharma, S/o Late Dr.Prem Kumar Sharma, R/o C/o Sharma Poultry Breeders, Coal Dipo GT Road, P.S. Khaira Via Dalmianagar, Dehri On Sone, District Rohtas, through his mother and legal guardian Smt.Lakshmi Sharma 7.Master Rushar Kumar Sharma S/o Late Dr.Prem Kumar Sharma, R/o C/o Sharma Poultry Breeders, Coal Dipo GT Road, P.S. Khaira Via Dalmianagar, Dehri On Sone, District Rohtas, through his mother and legal guardian Smt.Lakshmi Sharma From 5 to 7 are residing at C/o Dr.Lakshmi Sharma, D-6 Pachim Vihar, New Delhi 8.Sri Anil Kumar Singh, S/o Late Kamta Singh @ Kamta Rai R/o village/Mauza Delian, P.O. and P.S. Dehri On Sone, House No. 152 Ward No. 15, Dalmianagar District Rohtas 9.Sri Sunil Kumar Singh, S/o Late Kamta Singh @ Kamta Rai R/o village/Mauza Delian, P.O. and P.S. Dehri On Sone, House No. 152 Ward No. 15, Dalmianagar District Rohtas 10.Shri Sudhil Kumar Singh, S/o Late Kamta Singh @ Kamta Rai R/o village/Mauza Delian, P.O. and P.S. Dehri On Sone, House No. 152 Ward No.15, Dalmianagar District Rohtas Patna High Court CWJC No.7187 of 2013 (2) dt.11-04-2013 2 11.Smt.Kalawati Devi W/o Late Kamta Singh @ Kamta Rai R/o village/Mauza Delian, P.O. and P.S.Dehri On Sone, House No.152 Ward No.15, Dalmianagar District Rohtas
Legal Reasoning
.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Dronacharya, Advocate For the Respondent Bank: Mr. Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 2 11-04-2013 Heard learned counsel for the petitioners and learned counsel for the respondent Bank of India. The petitioners have approach this Court seeking direction to the respondent Bank to settle the loan amount of the private respondents with the petitioners and not to auction sell the properties purchased by the petitioners from the loanees and mortgagers of the Bank and settle the matter with the petitioners after receiving the price of the properties purchased by them proportionate to the land of the petitioners vis-a-vis the mortgaged properties. The private respondents had taken loan from the respondent Bank on mortgage of certain properties on 11.5.1990. The petitioners without verifying the fact regarding the mortgage had purchased the land bearing Khata No. 75/39, the details of plot
Decision
No., etc. of which are not given in the writ petition but it is stated by learned counsel for the petitioners that they have purchased Patna High Court CWJC No.7187 of 2013 (2) dt.11-04-2013 3 under five sale-deeds of land approximately 32 decimals from the private respondents. The respondent Bank filed O.A.No.28 of 2006 before the Debts Recovery Tribunal, Patna which has issued certificate dated 21.12.2009 in favour of the petitioners. Pursuant to the same the Recovery Officer by order dated 21.1.2013 while rejecting the prayer of the petitioners for settlement of the account of the Bank since they had purchased the said land on 18.4.2000 directed to auction the mortgaged property by e-auction process on 4.3.2013. It is stated by learned counsel for the petitioners that since no buyer had turned up on that day the e-auction has again been fixed for 12.4.2013. Learned counsel for the petitioners submits that the petitioners are prepared to compensate the Bank for the land in question by paying for the same at the same rate as may be obtained on auction sale of the adjacent lands. Learned counsel for the respondent Bank submits that the Bank would have no objection if the petitioners pay the price of the land to the Bank at the same rate as may be obtained by e- auction process for adjacent lands. On a consideration of the facts and circumstances of the case, the writ application is disposed of with a direction that the e- auction shall not be made with respect to 32 decimals of the land Patna High Court CWJC No.7187 of 2013 (2) dt.11-04-2013 4 of the petitioners subject to verification of the documents to be produced by them before the respondent Bank tomorrow, 12.4.2013, at 10.30 A.M. The Bank after verification shall ensure that no e-auction is carried out with respect to the parcels of land purchased by the petitioners. The petitioners are further directed to deposit an amount of Rs.2.50 lacs with the Bank towards part payment of the price of the land by tomorrow (12.4.2013). The remaining price shall be paid by the petitioners to the Bank within a period of three weeks from the date of intimation of the amount to the petitioners by the Bank as the balance price of the land in question which will be in terms of the rate of the adjacent lands which are to be sold through e-auction. On failure of the petitioners to pay the price within the time allowed by this Court or such further time as may be granted by the Bank at its discretion shall lead to the benefit under this order being automatically withdrawn. Learned counsel for the respondent Bank shall inform the Bank about this order. (Ramesh Kumar Datta, J) spal/-