MAHIJI DEVJI SOLANKI Vs. TOPNO DISTRICT COLLECTOR

JUDGEMENT

(1.) THE applicants herein, who were original petitioners in Special Civil Application No. 9257 of 2007, have moved this petition praying for holding the respondents guilty of willfully and deliberately disobeying the order dated 9. 4. 2007 made by this Court in Special Civil Application No. 9257 of 2007.

(2.) THE case of the applicants is that the applicants were employees of respondent No. 4 Unit, named "p. P. Shroff Ceramics, Post Padra, District Vadodara, which was run by respondent No. 5 Kishorbhai Girdharbhai Thakkar. That certain payments in the form of wages became due from respondent Nos. 4 and 5 in favour of the applicants and accordingly, after having taken out appropriate proceeding, a Recovery Certificate was issued on 26. 5. 2005 for recovery of a sum of Rs. 24,11,538/ -. The respondent No. 1 Authority was required to comply with the said Recovery Certificate as arrears of land revenue. According to the applicants as the respondent No. 1 was not executing Recovery Certificate this Court was moved by way of Special Civil Application No. 9257 of 2007 wherein, vide Order dated 9. 4. 2007, direction was issued to respondent No. 1 to effect recovery and deposit the amount within a period of 3 months from the date of receipt of copy of the Order. After the applicants had called upon respondent No. 1 to do the needful, and according to the applicants on failure of the respondent No. 1 Authority, this Court was moved by way of present petition. Upon Notice having been issued the respondent Authority has put appearance and tendered Affidavit in Reply of respondent No. 3 Authority. However, on behalf of respondent No. 1 Authority it is submitted that upon inquiry it has been found that there is no property available in the name of either respondent No. 4 or respondent No. 5 and this fact was intimated to the applicants - petitioners vide communication dated 4. 2. 2008, issued by the Mamlatdar, Padra.

(3.) ON behalf of the applicants petitioners attention is invited to communication dated 7. 2. 2008 whereunder it is stated that there are two properties, one standing in the name of Shrimati Shardaben, mother of respondent No. 5 and the other standing in the name of one Pravinbhai, brother of respondent No. 5. Reliance has also been placed on recovery proceedings undertaken by Debts Recovery Tribunal, which have been annexed with the Affidavit in Rejoinder to submit that the respondents Authorities are not serious about effecting recovery despite the fact that various proceedings are being pursued by Indian Overseas Bank before Debts Recovery Tribunal.