NILAKANTHA MISHRA (DIED) AND AFTER HIM SAUDAMINI MISRA AND ORS Vs. COLLECTOR AND DISTRICT MAGISTRATE AND ANR

JUDGEMENT

(1.) The Petitioner, a registered money-lender who died during the pendency of this application and has been substituted by his legal representatives, challenged the order dated 13-1-1978 passed by the Subdivisional Officer, Bhanjanagar (opp. party No. 2) under Section 18-B(2) of the Orissa Money-Lenders Act, 1939 (for short "the Act") refusing to pass an order declaring the particulars of the loans advanced by him within the specified amount. The said order (Annexure-2) has been confirmed by the Collector, Ganjam (opp. party No. 1) in appeal.

(2.) The deceased Petitioner was registered as a moneylender under the Act for carrying on money-lending business to the extent of Rs. 20,000/-. The registration certificate was numbered as 5 of 1975. On 1-3-1975, he advanced a loan of Rs. 21,000/- and on 2-6-1976, he advanced a further loan of Rs. 300/-. Shortly after the first loan was advanced, the Orissa Ordinance No. 4 of 1975 was promulgated on 22-9-1975 whereunder, amongst other provisions, Section 18-B was inserted in the Act and Section 4 was substituted prohibiting money-lending without registration after 22-11-1975. Shortly thereafter, Orissa Act 54 of 1975 was enacted by the State Legislature on 21-12-1975 amending the Act retrospectively from 22-9-1975, i.e., the date of promulgation of the Ordinance. Section 4 of the Act was substituted by the Orissa Act which prohibited any person to carry on the business of money-lending after 22-11-1975 unless he was registered as a money-lender under the Act.

(3.) According to the provision of Section 18-B, the State Government was empowered to require the money-lenders by a notification to produce before the prescribed authority "all records relating to their business including documents evidencing advance of loans". It would be better to quote Sub-section (2) of Section 18-B in whole: