MANI KUMARI DEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner who secured a loan of Rs. 10,000/- under the Middle Income Group Housing Scheme has sought shelter under the extraordinary jurisdiction of this Court for issue of a writ of certiorari quashing the proceedings in Certificate Case No. 11 (DIO) of 1970 (Certificate Case No. 69 of 1965-66) and certain orders of attachment and sale of the property in the said certificate proceeding.

(2.) A proceeding under the Orissa Public Demands Recovery Act, 1962 was ptarted on a requisition sent by the District Loans Officer, Cuttack. The certificate was drawn up and filed on 17-12-1966. Notice was issued to the certificate-debtor. Though there is some controversy regarding service of notice, that question is not relevant, Order dated 14-9-66 shows that in execution of distress warrant, moveables belonging to the petitioner were attached and sale of such articles was directed to be held on 10-10-66. The proceeding thereafter went through a chequered career. It is gathered from order dated 19-7-1972 that the petitioner complained before the Certificate Officer that valuable moveable properties belonging to her were attached in pursuance of the order passed in the Certificate Proceeding and kept in the custody of the jimadar and no warrant of arrest, therefore, should have been issued without a finding that the sale proceeds were not sufficient to cover the certificate dues. She complained, justifiably, that further coercive process could be resorted to if there was demand, still unsatisfied by the proceeds received from the sale. The Certificate Officer was put in a very awkward position because order-sheets subsequent to 26-12-1968 till 11-12-1970 were missing from the record. The Certificate Officer observed as follows:--

(3.) It is worthwhile to mention here that 27-4-1974 was not the date to which the case was posted. On 6-11-1973 the case was posted to 23-11-1973 and no date was fixed thereafter. The case was taken up 5 months later on 27-4-1974 without notice to the certificate-debtor and behind her back and the order for settling the notice for sale proclamation was passed and notice was issued.