LAWS(MPH)-1997-8-73

BHAIRON PRASAD Vs. BHADDELAL

Decided On August 19, 1997
BHAIRON PRASAD Appellant
V/S
Bhaddelal Respondents

JUDGEMENT

(1.) THE petition is directed against the order dated 30.11.1988 passed by the Sub -Divisional -Officer, Niwas (Annexure -D) and the order dated 12.7.89 passed by the Collector Mandla (Annexure -F).

(2.) BHADDELAL moved an applciation under the provisions of M.P. Gramin Rin Vimukti Adhiniyam, 1982 (for brevity, hereinafter referred to as the Act) against the petitioner that he mortgaged certain items as mentioned in the order, for a sum of Rs. 445/ - which articles are not returned by the non -applicant Bhairon Prasad (present petitioner). The matter proceeded ex -parte as against the non -applicant.In the order dated 30.11.89 (Annexure -D) the following findings have been recorded by the Sub -Divisional -Officer, Niwas in regard to the occupation of the applicant Bhaddelal : - ...[VERNACULAR TEXT COMITTED]...

(3.) This indicates that the applicant, before the Sub - Divisional -Officer, was carrying on the occupation of leather work. This order was passed in favour of the applicant Bhaddelal by the Sub -Divisional -Officer for return of the items. This order was challenged in revision -petition before the Collector, Mandla and before the revisional authority, the question raised was that the Sub -Divisional Officer has no authority in the matter.