M.C. SOMANI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Rule D.B.

(2.) The petitioners have approached this Court vide the present writ petition under Article 226 of the Constitution of India to impugn the action of respondents No. 5 and 6 purportedly in exercise of the powers under the provisions of Section 3(1) of the Haryana Public Moneys (Recovery of Dues) Act, 1979 (hereinafter referred to as the Act) by issuance of recovery certificates Annexures P11 and P12.

(3.) The short ground on which the notices have been impugned is that the petitioners have not been put to any prior notice of the proposed action which is against the said Act and, thus, there is violation of the principles of natural justice. The second limb of the submission is that the proceedings should take place first qua the immovable property, if mortgaged, and only when the same does not satisfy the claim would action against other properties be called for.