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2005 DIGILAW 339 (RAJ)

Tarsem Singh v. The Administrative Officer, Sri Ganganagar

2005-02-04

MANAK LAL MOHTA

body2005
Judgment 1. The instant petition has been placed before us in view of the order of the learned Single Judge dated 21.09.2004 and heard alongwith the D.B. Civil Writ Petition No. 295/2002. The said writ petition has been disposed of today itself . 2. It appears that the 4th respondent namely Satpal Singh was the Chairman of the Sri Ganganagar Urban Co-operative Bank Ltd. (hereinafter referred to as the Bank). Subsequently his wife respondent No. 5 Smt. Kulwant Kaur also succeeded the office. The couple by using the influence could manage a loan of Rs. 62 Lacs against the subject property. The loan was not repaid and meantime the situation of the Bank became so bad that the Reserve Bank of India had to intervene and the Board of Directors of the Bank were removed and the Administrator was appointed. The proceedings for recovery of the loan were initiated. After completing the proceedings under Section 118 of the Rajasthan Co-operative Societies Act, 1965 a certificate under Section 118 was issued. After due publication the subject property was put to auction. In one of the earlier writ petition the 4th and 5th respondents had claimed the subject property belonging to them. The instant writ petition has been filed by the petitioner claiming to be the owner of the property on the basis of agreement to sell Annexure-1 executed in the year 2002. On face it appears to be a case of fraud. No right accrues on the basis of agreement to sell. The petitioner is guilty of abusing the process of the Court. The petition appears to have been filed at the instance of the respondents No. 4 & 5. No interference is warranted by this Court in exercise of powers under Article 226 of the Constitution of India. 3. The petition stands dismissed.