AHMADHUSSAIN GOUSMOHADDIN PEERAJADE Vs. DEPUTY COMMISSIONER BELGAUM

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India arises from the order dated 23-2-1993 passed by the 1st respondent - The Deputy Commissioner, Belgaum District, Belgaum, in No. RB. KDR. RA. 1/92-93, whereby the Deputy Commissioner had set aside the order dated 9-7-1992 passed by the Taluk Executive Magistrate, Gokak, in the matter of proceedings under Section 5 of the Karnataka Debt Relief Act, 1980. The Taluk Executive Magistrate rejected the application on the ground that the debtor has not appeared before him and held that the applicant before him failed to make out a case that he is a debtor.

(2.) FEELING aggrieved from the order dated 9-7-1992 of the Taluk Executive Magistrate the respondent filed appeal before the Deputy Commissioner, Belgaum. The Deputy Commissioner observed that it is an undisputed fact that the applicant before him i. e. , the father of respondents 3 to 5 borrowed a sum of Rs. 2,000/- sometime in the year 1969, in lieu of the said transaction whereunder he had mortgaged the disputed land in favour of the respondent i. e. writ petitioner herein. He observed that the question before him is whether the petitioner before him i. e. , the father of respondents 3 to 6 were entitled to the reliefs. The Deputy Commissioner opined that the Certificate of income issued by the Taluk Executive Magistrate to the effect that the claimant before him belonging to the weaker sections of people within the meaning of the Karnataka Debt Relief Act and the certificate did not hold good. He held that the burden was on the creditor to prove that the petitioner before the Deputy Commissioner was not entitled to the relief, which burden the creditor has failed to discharge and so in view of the certificate issued by the Taluk Executive Magistrate, it held that the petitioner before it i. e. the father of respondents 3 to 6 was entitled to the reliefs. So he allowed the application and directed the creditor, who was respondent before it, whereby the land bearing S. No. 57/2 of Patagundi village in Gokak Taluk belonging to the petitioner and which has been under mortgage of the respondent should be restored back to the petitioner.

(3.) FEELING aggrieved by the order dated 23-2-1993 passed by the Deputy Commissioner, Belgaum, the creditor has come up before this Court by way of writ petition under Arts. 226 and 227 of the Constitution of India.