KAPILA CHARAN ROUT Vs. SUB-DIVISIONAL OFFICER CIVIL

JUDGEMENT

(1.) AS a part of the drought relief programme sometime before 1960, the Sub-Divisional Officer (Civil), Bhadrak, started several small improvement works within his jurisdiction and one Kapila Charan Rout was entrusted with some of these works. Plain paper agreements had been entered into between the public officer representing the State and the contractor and moneys had been advanced for such purpose. Early in 1960, at the instance of the said public officer, certificate proceedings under the Bihar and Orissa Public Demands recovery Act, 4 of 1974, were initiated and seven cases came to be registered on 1st March, 19. 60. In the year 1963, two more cases were instituted while in february, 1970, the last of the lot under consideration was registered. A chart showing the specifications of the cases is appended below for convenience. The certificate-debtor filed objections in most of the cases but said objections were overruled and execution of the certificates was ordered. On 2-12-1074, immovable properties of the certificate-debtor were put to sale in all the cases excepting Certificate Case No. 9 Dev of 1959-60. In case No. 8 Dev of 1959-60, the following order was passed by the Certificate Officer:-

(2.) IN a counter-affidavit the challenge against the certificate proceedings has been refuted. When the applications were being heard and reference became necessary to the records of the certificate proceedings, we directed them to be brought up and we have the advantage of seeing the records. 3. For the reasons which we shall presently indicate, we have absolutely no doubt that both the requisitioning officer as also the Certificate Officer have completely misdirected themselves and the proceedings are not sustainable in law:- (1) Admittedly to the seven certificate proceedings initiated on 1-31960 and the other two initiated on 14-10-63, the provisions of the orissa Public Demands Recovery Act of 1962 (l of 1963) have no application and that is the combined result of Sections 63 and 70 of that Act. Section 69 repeals the Bihar and Orissa Public Demands recovery Act of 1914 and Section 70 provides:-

(3.) 'public demand has a statutory definition both under the repealed act as also the Orissa Act and the definition refers to arrear of money specified in Schedule T. In the repealed Act, a Schedule appeared, the relevant clause being to the following effect:--"any money payable to a Government Officer or any local authority, in respect of which the person liable to pay the same has agreed, by a written instrument duly registered, that it shall be recoverable as a public demand. " the certificate-debtor has throughout contended that there was no registered instrument recording the agreement of recovery as a public demand of any sum due in respect of the contracts with the Government Officer and no material has been placed either before the Certificate Officer or even before us to negative this stand of the certificate debtor. We are alive to the fact that under the orissa Act, the need for registration is not necessary and, therefore, the third ground is not available for the last of the certificate cases instituted on 20-21970, because the Orissa Act came into force with effect from 1-6-1964.