.^ L. !rt." --'70° IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) No. ^p6)0) OF 2011 PETITIONERS /^1. 2. 3. /-4. ^^^ '•','s'' Ci. h '' ..^^ Yl^-' ~--:\^ 0$'-" ^'^'fW^- ^cy""'..- .^-•^1-1' RESPONDENTS Tejauram, Aged about 68 years, Shri Baldeoram, Caste Satnami, Nakul, aged about 30 years, ,S/o Shri Gulab, Caste Satnami Gokul, aged about 35 years, S/o Shri Gulab, Caste Satnami Sukhen, aged about 55 years, S/o Shri Baratu, Caste Satnami All are resident of village Birda, Police Station Katghora, Tahsil Katghora, District Korba, Chhattisgarh VERSUS / 1. State of Chhattisgarh Through Secretary, Department of Agriculture, DKS Bhawan, Raipur, Chhattisgarh / 2. Janjgir Jila Sahkari Krishi Avam Gramih Vikas Bank, Branch-Barpali, Tahsil Katghora, District - Korba, Chhattisgarh ^ 3. Branch Manager, Janjgir Jila Sahkari Krishi Avam Gramin Vikas Bank, branch Barpaii, Tahsi! Katghora, District -Korba Chhattisgarh ^ 4. Branch Manager, Bilaspur Jila Sahkari Bhumi Vikas Bank Simit, Bilaspur branch office Barpali, Tahsil Katghora, District Korba - 5. Deputy Registrar, Co-operative Society, Korba District Korba Chhattisgarh 6. Auction Officer, Jila Sahkari Krishi Avam Gramin Vikas Bank Limited Janjgir, branch Katghora, Tahsil Katghora, District Korba Chhattisgarh WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTiOM OF INDIA FOR ISSUANCE OF A WRIT OR WRITSJMT1-IE NATURE OF _CERTIORARI, PROHIBITION, DIRECTION OR DIRECTIONS, ORDERS OR ORDERS OR THE LIKE iti|].!!Fcn sn^f^ii R-<i.di 3n§?r 5ti^lch W (^ 'S^ "'11'1<1<-1''<, glfll'M'IS, TWTRiy SH^! TR^? ^.i/.(^(^,2-(^'3/2<>| WiKIT sh«l«n 200 (cl<><^' 3Ilt?I ?;E<!IW ^lfTO 5B : Hon'ble Shri WIanindra WIohan ghrivastava, J. 26-04-2011 Shri DheeraJ Kumar Wankhedej Shri S. K. Mishra, Parle! Lawy^r on advance copy. hleard. ^PlTd'^il'l 'tffR^ff "^ fs^t <RH^I< ^•cnpgqan^r counsel for the petitioners. for the State/respondents No.1 to 5 This petition has been filed proceedings initiated by respondent notices have been issued to the pet| outstanding loan liability and also aj ^y the petitioners aggrieved by the ^0.2-Bank and its officials, whereby Itioners in the matter of recovery of |ainst the action of the respondent- Bank in proceedings to auction the lar|d mortgaged in favour of the bank. Learned counsel for the petitio| obtained loan from the respondent-Ba| purchasing Tractor. After purchase of] paid installment to the Bank, but e\|en then, the respondent authorities have sold out their tractor and now th4 impugned notices have been issued requiring the petitioners to repay tl "iers submits that the petitioners had ^ik in the year 2001 for the purpose of tractor under the loan, the petitioner e outstanding loan amount, failing which, mortgaged land would be solc). Learned counsel further submitted that though, according to the petilioner, the respondent-Bank is not disputing repayment of loan in instal proceeded to take coercive steps submitted that the petitioners have cjame to know that the tractor, which was purchased under the loan, was al ments, yet the respondent authority against the petitioners. It is also ached and now it has been sold. The nature of dispute, which]is sought to be raised in this writ i petition by the petitioners, who are bcjrrowers of loan from the respondent- -A^' % •?:ay-<g j?xi-HC-22 "... W'.f ^a^w^ Tccl -41''11<'1'4, «Til'y'i6. faiflKiy s^y xra-g? . ^.P.(c-J'iYi>-ZCQ3^ | "WI. 200 flfCTI (htllch [c|*<8T' 311^1 ^BI (<;-fi.i* sn^i !ft*<i€t) ^f^a ld< regarfd Bank, appears to be a dispute with action of the Bank towards recovery moveable and immovable property to repayment of loan liability and bf the loan amount and sale of belon^ing to the petitioners. Under Section 64 of the Chhatti; 1960, there exists an efficacious and altl to file an appropriate dispute before the 1 do not find any extra-ordinary r< Court under Article 226 of the Constiti4 availability of such alternative and effic^ raise appropriate dispute before the Co-| >garh Co-operative Societies Act, ^rnative remedy for the petitioners jompetent authority. of the respondent-Bank. Therefore, witHout entering into the merits of the case, this petition is disposed off with lib( of filing dispute under Section 64 (j Societies Act, 1960 before the coml grievances raised by the petitioners in such dispute being filed, the competerl expeditiously. chi<i[<n<4li +ii+i^'l* ^ f^^ <r^-^l< ^srfigH 3ii^i sason to invoke jurisdiction of this tion of India only on the basis of cious remedy to the petitioners to iperative Courts against the action •rty to take recourse t6 the remedy the Chhattisgarh Co-operative >etent authority for redressal of his petition. It is expected that on authority shall decide the same Sd/- Manindra Mohan Shrivasta<» Judge Tumane [^*fi?a