1. The petitioners have filed this application for review alleging that the respondent authorities, inspite of the orders passed by this Court in W.P No.9853/2009 dated 24.09.2009, have colluded and sold the petitioners' property to respondent no.5 although the petitioners were willing to deposit the entire loan amount. This Court by order dated 24.09.2009 in W.P No.9853/2009 had passed the following order:-
"The petitioner has filed this petition being aggrieved by the proceedings initiated against him under the provisions of M.P. Lokdhan (Shodhya Rashiyon Ki Vasuli) Niyam, 1988 whereby the petitioner's property has been put up for auction on 7.8.2009. It is submitted by the learned counsel for the petitioner that he is willing to deposit the entire outstanding amount towards the bank as well as the expenditure if any incurred by the auction purchaser and submits that in view of the aforesaid the property be returned to the petitioner. In view of the aforesaid statement of the learned counsel for the petitioner, the petition is disposed of with a direction that in case, the petitioner approaches the Tahsildar (Nazul) Bhopal by filing an appropriate application with the undertaking given Ram Chandra Rao & Ano. vs. The State of M.P. & Ors. before this Court, the Tahsildar (Nazul), Bhopal shall consider the same and pass appropriate orders thereon expeditiously in accordance with law. With the aforesaid directions the petition stands disposed of."
2. It is submitted that pursuant to the aforesaid order passed by this Court the petitioner presented a cheque for an amount of Rs.3,73,105/- before the Tehsildar, (Nazul) Bhopal on 23.10.2009 but the same was not accepted nor was it taken on record at the time when the auction proceedings were taken up and the petitioners' house has been sold to respondent no.5 in collusion with the Bank authorities, the Tehsildar and respondent no.5. It is further alleged that the petitioners, from the very beginning, has submitted before the Bank authorities and the Tehsildar who had taken up recovery proceedings that he was willing to deposit the entire amount and has also offered the same, but the respondent authorities did not accept it on some pretext or the other and has sold the petitioners' property for a meager sum although the market value of the property is worth more than double the value for which it had been auctioned in collusion with respondent no.5.
3. On the last date of hearing the petitioners had offered to pay a sum of Rupees Ten Lacs in lieu of cancellation of auction, return of the property as well as reimbursement of the amount spent by respondent no.5, but respondent no.5 has refused to accept the same.
4. Ram Chandra Rao & Ano. vs. The State of M.P. & Ors. It is submitted that the respondent authorities had misused and abused the process of law to dispossess the petitioners and to unlawfully usurp the petitioners property by adopting this novel method by auctioning the same at a very low price inspite of the fact that the petitioners were willing to repay the entire amount. It is also submitted that the aforesaid excuse and tactics have been adopted by the respondent Bank Officers, the Tehsildar and respondent no.5 in collusion to nullify and over-reach the order passed by this Court as well as the provisions of law which has led to denial of justice to the petitioners by usurpation of their property and abuse of the process of law.
5. In view of the serious allegations made by the petitioners and in the background of the aforementioned facts, it is necessary to ascertain the true factual position and, therefore, an enquiry is required to be conducted into the allegations and the impugned auction to ascertain as to whether the respondents have misutilized the provisions of law for the purpose of depriving the petitioners of their valuable rights to property and as to whether the petitioners have been deprived of their property by selling the same at a very low price in collusion with the Official respondents and respondent no.5.
6. It is, accordingly, directed that respondent no.3 Collector, Bhopal shall get an enquiry conducted into the impugned auction proceedings conducted by respondent no.4; the procedure adopted by him while undertaking the auction; the allegations of the Ram Chandra Rao & Ano. vs. The State of M.P. & Ors. petitioners that the amount was offered by them but the same was not accepted by the respondents deliberately by adoption of the procedure which has led to nullifying the orders passed by this Court and as to whether the petitioners' property has been auctioned at a throw away price in collusion with respondent no.5 thereby taking away the petitioners' property at a very low price. It is, further, directed that the aforesaid enquiry shall be conducted by the Collector, Bhopal with due participation of the petitioners and all others concerned and a report thereof shall be submitted before this Court within two months from the date of furnishing a copy of the order passed today.
7. List the petition in the week commencing from 25.10.2010. A free copy of this order be handed over to Shri Puneet Shroti, learned Panel Lawyer, for the respondent/State for information and compliance.