Rule.
Learned AGP Ms. Rekha Patel; learned advocates Shri Dipen Desai & Shri BS Patel appear and waive service of notice of rule for and on behalf of the respective respondents.
The petitioners herein challenge the Order dated 1st March 2011 passed below Application Exh.30 by the learned Principal Senior Civil Judge, Nadiad in Regular Civil Suit No. 233 of 2010. The petitioners also challenge the notice dated 9th March 2011 issued by the respondent no.4-Mamlatdar pending the suit, directing the petitioners who are tenants in one of the buildings owned by the Kheda District Cooperative Purchase & Sale Union - respondent no.6 herein [for short, "the Cooperative Union"] to vacate the premises as the auction proceedings have been initiated by the respondent no.4 for recovery of the dues of the respondent no.6-Cooperative Union.
It would not be necessary to elaborate the facts of these petition in wake of the fact that during pendency of the petition, by virtue of the order of this Court dated 13th May 2011 [Coram : Mr. Justice M.R Shah], the concerned authority was directed to put to auction and sell, the godown belonging to the respondent no.6-Society situated at Piplat which is under the seal of Mamlatdar, Nadiad and to recover the amount due and payable by the respondent no.6.
Pursuant to such direction, auction of the godown of the respondent no.6 sitauted at Piplaj of Taluka Nadiad fetched total amount of Rs. 4,86,51,000/=. The auction dated 20th October 2011 was confirmed by the District Development Officer, Kheda and in such circumstances the learned AGP was directed to ascertain the details from the learned District Collector, Kheda and responsible officer well conversed with the said matter from the office of the Collector was directed to remain present before this Court so as to effectively put an end to the entire dispute.
Pursuant to such direction, Mamlatdar-Nadiad Shri Bharatsinh Khushalsinh Solani remained present before this Court and filed his additional affidavit by submitting that the total auction price as per the recovery certificate issued by the District Collector, Kheda is Rs. 4,86,51,000/=. The recovery dues of the District Collector Kheda is Rs. 1,36,88,713/=. It is further stated that noted that as per the judgment passed by the Joint Registrar, Board of Nominees, Cooperative Societies, Nadiad, the dues of Kheda District Central Cooperative Bank Limited, Nadiad are Rs. 38,72,608/=. It is further stated in this affidavit that the amount of surcharge as per the recovery certificate issued by the District Collector is Rs. 68,443/=. The total amount due as per abstract of Village Form 7/12 comes to Rs. 1,76,29,764/= and the total surplus amount would be Rs. 3,10,21,236/=.
Thus, the total amount of the dues as per Village Form 7/12 comes to Rs. 1,76,29,764/= and this includes surcharge as per Rule 117 [C] of the Gujarat Land Revenue Rules, 1972. The amount specified to be the dues of Kheda District Central Cooperative Bank Limited is noted under the Gujarat Public Monies Recovery Act. This also gets reflected in the village Form 7/12.
This Court has heard learned advocate Shri Dipen Desai appearing for the respondent no.6 and Shri BS Patel, learned advocate appearing for the respondent no.7-Gujarat State Cooperative Marketing Federation Limited.
Learned advocate Shri Patel has urged that the total sum due to the respondent no.7 is Rs. 2,08,00,000/=, and therefore, necessary provision be made for paying dues of respondent no.7. It is also pointed out by him that the said respondent has already sent a request to the office of the Collector to register its change. Learned advocate Mr. Desai urged to allow the respondent no. 6 the surplus amount.
On total consideration of this case, following directions are being issued.
{a} Out of the total auction price of Rs. 4,86,51,000/=, the District Collector will be entitled to recover amount of Rs. 1,76,29,764/=, which includes sum of Rs. 38,72,608/= towards dues of Kheda District Central Cooperative Bank Limited, Nadiad and shall follow the legal provisions and shall pay the said amount after necessary verification.
{b} A sum of Rs. 2,08,00,000/= which is due to the respondent no.7 shall be paid to it, again by following the due procedures of law and necessary verifications.
{c} The remaining surplus amount shall be paid to the respondent no.6 herein.
In light of this development, learned advocate Shri Abhishek Mehta does not press this petition as there does not remain any question of auction of the suit property; as reflected in the notice issued by the respondent no.4 dated 9th March 2011, which is under challenge in the suit.
Resultantly, this petition stands disposed of with the aforesaid observations. Rule is discharged with no order as to costs.
{Ms.
Sonia Gokani, J.} Prakash* Top