BRIJ MOHAN PRASAD YADAV Vs. PARMESHWAR DUTTA

JUDGEMENT

(1.) A public debt was being recovered. It was estate duty dues under the Recovery of Debts due to Bank and Financial Institutions Act, 1959 (now repealed). The petitioners respondents M/s. Parmeshwar Dutta Pandey alias Parmeshwar Dutta Sharma, Rameshwar Dutta Pandey, Maheshwar Dutta Pandey, Rajeshwar Dutta Pandey, Awadhesh Dutta Pandey and Mithleshwar Dutta Pandey all sons of Kapildeo Dutta Pandey residents of Dujra, Police Station Buddha Colony in the town and district of Patna, filed a writ petition and contend that their property was being put under distress and attachment for the realisation of the dues and their property could not be the subject matter of a public auction to satisfy the debts. On the writ petition, the learned Judge was satisfied that their property was being proceeded against irregularly and illegally and, thus, entered judgment on the writ petition. The judgment was dated 31.8.1999.

(2.) THERE were other reasons which were noticed by the learned Judge on the allegations which had been made by the petitioners and referred to in paragraph 4 of the judgment on the writ petition. This paragraph is* reproduced below :

(3.) NOTICE was issued to all the party respondents. All those, who faced allegations of mala fides, the respondents had been named. These were respondents 5 and 6. These respondents did not reply to the petition. It is relevant to notice what was the allegation against them. The main allegations are contained in para -graphs 16, 17, 18 and 20. These paragraphs are reproduced below :