DANDAPANI PANDA Vs. D F O GHUMSUR

JUDGEMENT

(1.) THIS is an application under Art. 227 of the Constitution questioning the validity of the order of opposite party 1 directing the petitioner to pay up the dues in respect of a contract executed by one Lakshminarayan Panda in favour of the opposite party. The facts are that Lakshminarayan Panda purchased Tilika Coupe No. II, Lot No. I of the Ghumsur South Division, at a public auction, and executed an agreement on 13 -9 -1949, in favour of the Government of Orissa through opposite party. The father of the petitioner (Mahadev Panda) stood surety for the contractor. A sum of Rs. 3600/ - having been outstanding against the contractor, the same is sought to be realised from the properties belonging to the petitioner who is the undivided son of Mahadev. Mahadev Panda died on 4 -5 -1950. A distress warrant was issued against the petitioner on 16 -11 -1954 for recovery of the amount outstanding against the contractor. The petitioner appealed to the Divisional Forest Officer, the Conservator of Forests and to the Collector of Ganjam complaining that he was not liable for the payment of the surety debt contracted by his father, and that he was being unnecessarily harassed by the Forest Department authorities. As he did not get relief he has come up to this court with this application praying that the requisition signed by the Taluk Officer, Surada, to realise the dues from him should be declared illegal and should be withdrawn.

(2.) IT appears that the petitioner has paid a part of the arrears under duress and he has therefore prayed that the amount so paid should toe refunded to him.

(3.) IT may also be mentioned that the demand appears to be prima facie barred by limitation as Mahadev died on 4 -5 -1950, and the arrear was sought to be realised from his son on 16 -11 -1954.