ARTABANDHU MOHANTY Vs. MURALIDHAR BISWAL AND ORS.

JUDGEMENT

(1.) THIS writ petition is filed for quashing the order of the Collector, Cuttack, passed in O. M. 1. Appeal No. 12 of 1978.

(2.) THE facts giving rise to the writ application may be briefly stated thus: One Bhagaban Mohanty the father of the present writ Petitioner and opposite parties 4 to 6, was a registered money -lender under the Orissa Money -Lenders Act 1939 (hereinafter referred to as 'the Act '). He had the registration certificate No. 8/69 dated 21 -2 -1969 for carrying on money lending business to the tune of Rs. 4,000/ -,and the same was valid for a period of five years and thereafter the same was renewed for a further period of five years under Certificate No. 5/74 dated 20 -3 -1974. On a petition filed by the moneylender Bhagaban Mohan the Sub -divisional Officer, Athgarh initiated a proceeding under Section 18 -8 of the Act which was registered as M. I. Misc. Case No. 20/76, for the purpose of scrutinising his loan transactions.

(3.) THE opposite party No. 1, who borrowed cash and paddy from the said Bhagaban Mohanty during the years 1971 and 1973, along with the other debtors opposite parties 7 and 8 entered appearance in the said proceeding and filed an objection alleging that as the transactions of the money -lender far exceeded the amount specified in the registration certificate, his certificate willable to be cancelled under Section 18 -B (4) of the Act. The S.D.O. after enquiry, rejected the objection petition filed by the opposite parties 1, 7 and 8 and passed an order under Section 18 -B (2) of the Act on 14 -8 -1978 declaring the particulars of the transactions which were within the limits of Rs. 4.000/ -, the amount specified in the certificate. Against the said order dated 14 -8 -1978 passed by the S.D.O., the present opposite party No. 1 preferred O. M. I. Appeal No. 12 of 1978 under Section 18 -B (6) of the Act before the Collector, Cuttack.