SHAMSHER SINGH Vs. COLLECTOR KURUKESHETRA AND ORS.

JUDGEMENT

(1.) Notice of motion was issued in this petition only because it was alleged that under, Sec. 4 of the Haryana Public Money's (Recovery of Dues) Act, 1979 the Collector has to proceed against the goods pledged before taking proceedings to realize the amount from any other property. In its written statement, the Corporation has admitted this position of law. The Collector is, therefore, directed to proceed in the first instance to realize the amount against the property pledged. If the amount is not realized from that property then the Collector would be at liberty to take further action in accordance with law.

(2.) Mr. V.K. Jain, learned Counsel for the Respondent No. 8, wants to oppose this petition but from the averments made therein, we find that no relief has been claimed against Respondents No. 4 to 10. They are therefore not necessary parties in this petition and their names shall be deemed to have been deleted.

(3.) All the other prayers made in this petition relate to the agreement made between the parties for which this Court is not the the proper forum and the Petitioner may seek the appropriate remedy in whichever forum it may be available to him.