M. Veera Raghavaiah Vs. P. Singa Rao and ors. - Court Judgment

Excerpt:
- neelam sanjiva reddy, j.1. this writ appeal has been filed by the first respondent in w.p. no. 1966/90 questioning the finding of the learned single judge that the sale of ac. 2-64 cents in e.p.no. 199/72-73 in favour of the first respondent suffers from material irregularities resulting in substantial injury to the judgment- debtor and consequently set aside the sale in favour of the first respondent.2. parties are referred to as arrayed in the writ petition for the sake of convenience. a few facts necessary for disposal of this appeal are that the writ petitioner is a member of r-3, the munipalle co-op. marketing society ltd., munipalle. in a claim petition filed by r-4, the guntur dist. co-op. marketing society ltd., guntur, an award was passed against r-3 for recovery of rs. 9,500/-. in execution proceedings i.e. e.p. no. 199/72-73 filed by r-4 consequent to the award, ac. 2-64 cents of land of third respondent was attached and sold for rs. 75,000/- in favour of r-l by r-5, k. aseerwadam, co-op. sub-registrar/departmental revenue auditor, guntur on 31-5-83. the person in-charge of r-3 society and also the writ petitioner filed separate objections and petitions questioning the sale in favour of r-l. r-2-r.s. sastry, dy. registrar of co-op. societies, guntur, after due enquiry, set aside the sale and ordered refund of the purchase money deposited by r-l. on a revision filed by r-l, sixth respondent-the special cadre dy. registrar of co-op. societies, guntur, set aside the orders of the second respondent and confirmed the sale in favour of r-l. the writ petitioner filed the above referred writ petition assailing the order of r-6 passed in revision. learned single judge, after considering the rival contentions in detail, found that the sale of land in favour of r-l suffers from material irregularities resulting in substantial injury to the judgment-debtor and consequently set aside the sale in favour of the first respondent.3. mr. m. chandrasekhar rao, learned counsel for the appellant submitted that the finding of the learned single judge that the description of property sold as mere land without reference to rice mill and godown thereon is a material irregularity resulting in substantial injury to judgment-debtor is perverse, illegal and liable to be set aside.4. we went through the whole record once again. there is abundant evidence to show that there was rice mill and godown on the land sold in auction by the date of sale. it is also clear that even r-6, on his personal inspection even after several years of sale, noticed the above structures on the land. by any stretch of imagination, it cannot be said that the rice mill and godown situated on the land by the date of attachment and sale, was worthless. it is undisputed that situation of the rice mill and godown on the land sold was not mentioned and detailed in publication of the sale of ac. 2-64 cents of the judgment-debtor. proper description of the property in publishing the sale would have definitely attracted more bidders and fetched higher price. we are of the view that the learned single judge was right in his opinion that the third respondent-judgment debtor and the writ petitioner, member and shareholder of the third respondent society, have sustained substantial injury by reason of the said irregularity in publication of the land for sale.5. for the aforesaid reasons, this writ appeal is dismissed as devoid of merits.