LABANYA KUMAR MAHANTA Vs. COLLECTOR, KEONJHAR

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order dated 17.8.2000 passed by the District Collector, Keonjhar refusing to issue the distress certificate.

(2.) THE order impugned has been passed by the District Collector only on the basis of the report of the Tahasildar and without giving any opportunity to the present petitioner to rebut the same. Petitioners father was a Asst. Teacher in Sananeuli Primary School under the D.I. of Schools, Champua. He expired on 27.6.1999 while in service. The Tahasildar submitted a report to the District Collector that the petitioner has some agricultural land and the annual income from the said land is Rs. 9000/ - and the family had one pucca house having four rooms. There is nothing on record to show as to whether the agricultural income to the tune of Rs. 9000/ - was of the petitioner alone or for the other family members also and as to whether the pucca house had been constructed by his father or by his forefather and in case the petitioner is not having sufficient agricultural income whether the distress certificate could be refused only on this ground. In view of the above, the order impugned cannot be sustained in the eyes of law and is liable to be quashed.

(3.) IN Life Insurance Corporation of India Vs. Asha Ramchhandra Ambekar (Mrs.) and another, AIR 1994 SC 2148, the Apex Court held that the writ jurisdiction cannot be exercised issuing directions straightway as the Courts are required to issue directions for mere consideration of the claim of the employee as straightway direction to appoint a particular person would only put the authority concerned in a piquant situation. The disobedience of the said direction may entail contempt notwithstanding the fact that the appointment etc. may not be warranted as per the Rules.