Santosh Kumar Mallick Vs. Bhagabta Kumar Mallick and ors. - Court Judgment

Excerpt:

[mohan shantanagoudar, j.] these writ petitions are filed under article 226 and 227 of the constitution of india praying to quash the notice dt.31.7 2010 vide ann-c, & also sale notice dt.6.10 2010, vide ann-d, both issued by the r2 & to direct the respondents to consider the request of petitioners to extend the benefit of the scheme or to determine the amount payable & to grant reasonable installments to pay the remaining loan amount.....interested. it will also be open to the she baits and others connected with the debutter estate to bring private offers and make over the same to the joint managing trustees. let the matter appear in the monthly list of february, 2011. the three offers received which have been opened in court today are returned to the joint managing trustees. the joint managing trustees will return the instruments of payment tendered by the officers since all the offers are found to be grossly inadequate. the joint managing trustees will act, as their designation suggests, jointly and not severally. the connected matters will appear together in the monthly list of february, 2011. urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

Judgment:

The Court : The appearing parties are agreed that the property of the debater estate at 69, Narkeldanga Main Road has been encroached upon and is required to be sold since it does not fetch any income.

However, before the question as to whether there is any legal necessity to permit the sale of the Narkeldanga Property is taken up, a proper offer for the property is to be received. The land available in Narkeldanga measures more than 9 cottah. There is an offer of Rs. 8 lakh, another of Rs. 4 lakh and third of Rs. 2 lakh. It appears that the offers may have been made by the same person or the same group of persons.

It would be unconscionable to sell the debutter property measuring over 9 cottah at a paltry sum of Rs. 8 lakh even though a substantial portion of it may be encroached upon. The appearing parties say that a fresh advertisement should be issued and the she baits should be given liberty to bring private offers.

The joint Managing Trustees will cause advertisements to be published within six weeks inviting fresh offers. The cost for the advertisements will come out of the debater fund and contributions therefore can be made by the she baits or others interested. It will also be open to the she baits and others connected with the debutter estate to bring private offers and make over the same to the joint Managing Trustees. Let the matter appear in the monthly list of February, 2011.

The three offers received which have been opened in Court today are returned to the joint Managing Trustees. The joint Managing Trustees will return the instruments of payment tendered by the officers since all the offers are found to be grossly inadequate. The joint Managing Trustees will act, as their designation suggests, jointly and not severally. The connected matters will appear together in the monthly list of February, 2011.

Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.