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Judgment
A.S. Bopanna, J—The petitioners in these petitions are assailing the public auction proceedings dated 23.12.2014 held by the Tahsildar, Mangalore Taluk, Mangalore in No. MSC/TAX/CR/15/11-12/(B-6).
The respondent No. 2 - Tehsildar in obedience to the directions issued by the learned Judicial Magistrate First Class (JMFC), Pune, in Old Cri.M.A No. 520/2010, New Cri.M.A No. 8092/2014, has brought the properties indicated therein for sale so as to recover the amount as arrears of land revenue and remit the same to the Court of learned JMFC, Pune. The details of the properties ordered to be sold and the amount to be recovered is indicated in Annexure-F to the petition.
Among the properties, two items of the properties are Sy. No. 109-7P5 (measuring 0.26.15 acres) and 109-7P6 (measuring 0.46 acres) in Kulai Village of Mangalore Taluk. The petitioners claim to be interested in the said properties as they have purchased different portions of the said properties in the year 2003 and have improved the same by putting up residential buildings. It is in that view petitioners have assailed public auction notice dated 23.12.214 insofar as the inclusion of the properties bearing Sy. No. 109-7P5 and 109-7P6.
Insofar as, the respondent No. 1 to 3 are concerned, the action initiated for holding the public auction of the said properties is entirely based on the orders issued by the learned JMFC, Pune for recovery of the said amount. They have sought to justify the action in compliance of the orders issued by the Court and therefore, they contend that petitioners cannot have any grievance as against the respondents in respect of the proceedings held for sale of the properties.
The proposed respondent No. 1 through the statement filed in response to the applications for impleading has in fact admitted to the position as contended by the petitioners that the property regarding which petitioners are claiming, originally belong to the Company known as M/s. Seemon Private Limited and the property had been mortgaged in favour of the Bank. The respondent No. 3 herein was the Managing Director of the said Company at that time. The Bank has released the property from mortgage in the year 2003 whereupon the Company has sold the properties and the petitioners herein had purchased the different bits of lands as has been owned by them.
The proceedings held by the JMFC, Pune is against the impleading respondent No. 1 and the impleading respondent No. 1 contends that even in respect of the fine imposed, the amount has already been paid and the order has already been complied.
Insofar as the fine imposed by the learned JMFC, Pune and as to whether the respondent No. 4 has paid the said amount or not is not required to be gone into in this writ petition, since, it is ultimately for the Court of JMFC to consider that matter. Even if that be the position and in that light the implementation of the order dated 05.12.2014 passed by the learned JMFC, Pune is to be considered, what is necessary to be noticed is that in addition to the property regarding which the petitioners have laid claim, there are four other items of the properties, which is also directed to be sold. Since the sale proceedings are now held in respect of the properties and the claim put forth by the petitioners is only in respect of the property bearing Sy. No. 109-7P5 and 109-7P6, there would be no impediment for respondent No. 1 to 3 to realize the amount in respect of the other properties indicated at Item No. 1, 4, 5 and 6 of the order of the learned JMFC, Pune.
While depositing the amount realized the respondent No. 1 to 3 may also enclose a report stating about their inability to realize any amount out of the properties indicated in Item No. 2 and 3 of the order, in view of the claim being put forth by the petitioners herein before this Court and this Court taking note of the same and protecting the interest of the petitioners to the said extent. In that back ground, if the amount realized from the other properties are sufficient to satisfy the requirement of the compliance of the order of the learned JMFC, Pune, no further proceedings is required. However, on receiving the report from the respondent No. 1 to 3, if the learned JMFC, Pune is to consider the matter further in that regard, it would be open for that Court to consider further proceedings after excluding the properties bearing No. Sy. No. 109-7P5 and 109-7P6 in Kulai Village, Mangalore, which are the subject matter herein and proceed further. In that view of the matter, the public auction dated 23.12.2014 insofar as the properties Sy. No. 109-7P5 and 109-7P6 are concerned, stands quashed.
The petition stands disposed of in the above terms.