RAVINDER KUMAR DUGGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This application under Article 227 has been filed assailing the order dtd. 27/7/2023 passed by the Court of the learned Additional Deputy Commissioner (Judicial), Shillong in Misc. Case No. 60 (T) of 2021, for extension of the Succession Certificate dtd. 18/7/2009 granted in Extension S/C Misc. Case No. 42 (T) of 2008, in favour of the petitioner.

(2.) Mr. S. Marpan, learned counsel for the petitioner submits that the petitioner has been constrained to approach this Court under Article 227, inasmuch as, when the Extension application was presented before the learned Lower Court, by the order dtd. 26/4/2023, directions were issued to the respondents to release the amounts so mentioned in the Succession Certificate, within a period of 2(two) months from the date of receipt of copy of the said order. However, he submits on filing of a show cause to the application, the Court of the Additional Deputy Commissioner itself, modified the order without any application being made thereto, and directed that the debts and securities granted in Extension S/C Misc. Case No. 42 (T) of 2008 should not be released, pending hearing of the matter on the show cause.

(3.) Dr. N. Mozika, learned DSG assisted by Ms. S. Rumthao, learned counsel for the respondents has submitted that the show cause that had been filed by the respondents was on the ground that the fulfilment of the Extension Certificate was sought to be done on behalf of a power of the attorney holder, and further that for satisfaction of the same, it was deemed desirable that the person himself be present in person with documents, such as the Fixed Deposit Receipts.