M L CHAURASIA Vs. TEHSILDAR BALAGHAT

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that no Court or authority or jurisdiction to issue Land Revenue Recovery certificate in view of Section 17 read with Section 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and there is specific bar under the said provisions. The challenge of the petitioner is to a recovery initiated under Section 3 of the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987 (Act No. 1 of 1988 ). Certain loan was advanced to the petitioner and revenue recovery certificate/overdraft was also drawn. Land Revenue Certificate amounting to Rs. 40,60,000/- has been received. Recovery of which is being made under the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987.

(2.) THE reliefs claimed in the instant writ petition is to the following effect:-It is, therefore, prayed that this Hon'ble Court be pleased to : (i) issue a writ in nature of writ of certiorari for quashing Annexure P-1 and further to declare that respondent Nos. 1, 3 and 4 have absolutely no legal authority or jurisdiction to proceed with recovery process under the provisions of Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987, as the same is barred under Central Act; (ii) to grant any other relief deemed proper to the facts and circumstances of the case.

(3.) SECTIONS 17 and 18 of the Recovery of the Debts Due to Banks and Financial Institutions Act, 1993 are reproduced as below :-