CHITRAKETU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS Is an appeal by Kr. Chitraketu Singh against the order of the learned single Judge dismissing his writ petition and direct ing him to seek alternative remedy be cause certain disputed questions of fact were in issue.

(2.) THE material facts of the cast are that honorary rank of 2nd Lieute nant in regular army was conferred on the appellant under the order of the President of India dated 6-3-56 Annexure 1 to the writ petition. Certain dues towards Land Revenue and Taqavi etc., were due from him and the State Gov ernment took steps to realise them as arrears of land revenue. Not only were steps taken to attach his property but warrant was also issued for his arrest. It was then that he moved the present writ petition asking for the quashing of the warrant of arrest on the ground that he was entitled to the benefit of Section 29 of the Army Act read with Rule 249 of U. P. Zamindari Abolition and Land Reforms Rules.

(3.) NOTHING has been brought to our notice which may show that the President's order appointing the peti tioner to the honorary rank of 2nd Lieutenant in the regular army has been withdrawn. As he holds the rank of 2nd Lieutenant and is attached to 9th at Regiment and also because he is entitled to all the privileges of such 2nd Lieutenant he is entitled to immu nity from arrest as laid down in Sec tion 29 of the Army Act. 1950.