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.) THE State Government by a gazette notification dated 14 -7 -1976 directed all registered money -lenders to produce their records of business and documents evidencing the loans before the specified authority. In pursuance thereof, the Petitioner filed an application before the Sub -divisional Officer, Bhanjanagar (opp. party No. 2) for issue of necessary certificate along with his relevant records. The Subdivisional Officer by his order dated 24 -1 -1978 (Annexure -2) declined to issue any order in his favour and took the view that inasmuch as the Petitioner had obtained a registration certificate for Rs. 20,000/ - only, he had contravened the said limitation and accordingly, he cancelled the registration certificate and disqualified the Petitioner from being registered as a money -lender for a period of 3 years in terms of Sub -section (4).