DARYA SINGH Vs. COLLECTOR, DISTRICT BHIWANI

JUDGEMENT

(1.) The petitioners Darya Singh applied under S. 8 of the Haryana Relief of Agricultural Indebtedness Act, 1976 (hereinafter called 'the Act') against Gillu Ram,, Respondent NO. 3 for settlement of debt of Rs. 1400/- and interest thereon. The Debt settlement Officer, Charkhi Dadri holding that Gillu Ram's annual income exceed Rs. 2500/-. passed a decree against him and in favour of the petitioners Darya Singh for Rs. 1400/- as principal amount and Rs. 434/- as interest, total decretal amount being Rs. 1834/-. A copy of the order of the Debt settlement Officer is Annexure P.1 Gillu Ram filed an appeal under S. 14(2) of the Act which was heard by the collector, Bhiwani. The Collector held that the amount of debt should have been first got determined from a civil Court by Darya Singh and only thereafter he could have applied under S. 8 of the Act. On this finding the order of the Debt Settlement Officer (Annexure P.1)was held to be without jurisdiction and it was set aside. A copy of the order of the appellate Court is annexure P.2.

(2.) In this writ petition Darya Singh has challenged the validity of the appellate order (Annexure P.2) and has prayed that this order be quashed.

(3.) On hearing the learned counsel for the parties I find that the impugned order (Annexure P. 2) is patently illegal and deserves to be quashed. The Debt settlement Officer was well within his jurisdiction to pass the order (Annexure P. 1) and the appellate Court erred in setting it aside as an order without jurisdiction.