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Judgment
This is an application for restoration and/or recalling of the order dated 29.08.2018, by which the writ petition being W. P. 14968 (W) of 2016 was dismissed for default.
Upon perusal of the averments made in the said application this Court finds that sufficient grounds have been made for absence of the petitioner on the said date.
The application being CAN 7214 of 2018 is thus allowed and disposed of.
The writ petition being W. P. No. 14968 (W) of 2016 is restored to its original file and number.
W. P. No. 14968 (W) of 2016
The writ petitioners are the agents to procure paddy for the State and/or the Food Corporation of India from the Jamna Union Co-operative Agricultural Credit Society Limited/respondent no. 5. The petitioners have a tripartite agreement with the State and the Co-operative Society to procure and supply paddy to the State and/or the Food Corporation of India. Under the said agreement the petitioners are stated to have the dues towards the Society to the extent of approximately Rs.1 crore.
Awards have been passed against the writ petitioners in favour of the Society which is now pending execution under the Bengal Public Demand Recovery Act.
An appeal has been filed by the writ petitioners before the District Magistrate for certain reliefs. Expeditious hearing whereof is sought by the petitioners.
This Court is of the view that the matter can be resolved at this stage.
Hence, by consent of the parties, following order is passed. The following properties herein below are stated to be completely free from encumbrance shall stand attached to the credit and to the extent of the claim of the aforesaid Co-
operative Society against the writ petitioners :-
District:-Burdwan, Thana:-Manteswar, Gram Panchayat:- MADHYAMGRAM, O,
1
RS:601
RS
Kh:1522
Rice Mill
Shali
239 Dec
70,00,000/-
1,37,66,400/-
Metal Road Adjacent to Metal Road
2
RS:601
RS
Kh:1521
Rice Mill
Shali
239 Dec
70,00,000/-
1,37,66,400/-
Metal Road Adjacent to Metal Road
3
RS:602 RS Kh:1521
Rice Mill
Shali
7 Dec
1,40,000/-
5,04,000/-
Metal Road Adjacent to Metal Road
4
RS:602
RS
Kh:1522
Rice Mill
Shali
8 Dec
1,60,000/
5,76,000/-
Metal Road Adjacent to Metal Road
5
RS:606
RS
Kh:1522
Rice Mill
Shali
19 Dec
3,80,000/-
13,68,000/-
Metal Road Adjacent to Metal Road
6
RS:606 RS Kh:1521
Rice Mill
Shali
18 Dec
3,60,000/-
12,96,000/-
Metal Road Adjacent to Metal Road
7
RS:611
RS
Kh:1521
Rice Mill
Shali
9 Dec
1,80,000/-
6,48,000/-
Metal Road Adjacent to Metal Road
8
RS:611
RS
Kh:1522
Rice Mill
Shali
8 Dec
1,60,000/-
5,76,000/-
Metal Road Adjacent to Metal Road
9
RS:612
RS
Kh:1522
Rice Mill
Shali
6 Dec
1,20,000/-
4,32,000/-
Metal Road Adjacent to Metal Road
The District Magistrate, Purba Burdwan shall immediately take steps for sale of the said property by public auction and/or private treaty.
Prior to sale, a fresh valuation shall be obtained by the District Magistrate from the local Registrar/ADSR.
Upon valuation the District Magistrate shall sell only those properties, valuation whereof may cover the dues of the Society.
The property shall be put to auction after fixing a reserve price in terms of either the Bengal Public Demand Recovery Act and the Rules framed thereunder and/or the Income Tax Act in particular the Rules with regard to execution of certificate proceedings.
The sale shall be conducted following the e-auction procedure.
The District Magistrate shall invite tenders by public auction after publication in one English newspaper and one vernacular newspaper having wide circulation in the locality and in the area as he may deem fit.
An attempt shall be made to complete the auction process within a period of three months from the date of communication of a copy of this order. Upon realisation of the sale proceeds the Co-operative Society shall be entitled to the same to the extent of its dues as a first charge. On full satisfaction of the Society's dues in terms of the award issued in favour by the Arbitrator appointed by A. R. C. S. mentioned herein above the balance sale proceed shall be made over back to the petitioners.
The petitioners shall upon being required by the District Magstrate deposit all costs for the aforesaid auction and publication.
It is, however, also made clear as stated that the District Magistrate may also sell the property by private treaty if the price stipulated in the valuation to be made afresh by the District Magistrate is fetched.
With the aforesaid direction, the writ petition is disposed
of.
No order as to costs.
Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.