KAMLAPRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) As these five writ applications raise a common question of law, they are being disposed of together by this judgment. They were heard almost simultaneously.

(2.) All these writ applications arise out of proceedings under Section 12 of the Bihar Money Lenders Act, 1974 (hereinafter referred to as 'the Act') read with Rule 10 of the Bihar Money Lenders Rules, 1975 (hereinafter referred to as the Rules'). However, in view of the decision of a Bench of this Court in Kailash Pati Singh v. State of Bihar (AIR 1976 Pat 248) in which the said section and the said rule were held to be intra vires, the petitioners at the time of hearing of these cases have not challenged the vires of the said section and the said rule.

(3.) In three of these cases, namely, C.W. J.C. No. 3213 of 1975 and C.W. J.C. Nos. 370 and 840 of 1976, the petitioner of each case, who is the mortgagee, has prayed for quashing of the notice issued to him under Rule 10 of the Rules. The said notice is annexure 3 to the petition in C.W. J.C. No. 3213 of 1975 and annexure 1 in C.W. J.C. Nos. 370 and 840 of 1976. In C.W. J.C. No. 480 of 1976, a prayer has been made for quashing the entire proceeding. A notice was issued in that case also which has been made annexure 2 to the petition in that case. In C.W. J.C. No. 499 of 1976, a prayer has been made for quashing the order dated 7th of January, 1976 as contained in annexure 1 allowing the petition of the mortgagor and directing for delivery of possession by the mortgagee-petitioner. The authority which issued the notice in four of the cases and passed the order in C.W. J.C. No. 499 of 1976 has been made respondent No. 2 in each case. The mortgagor in each case has been made respondent No. 3. C.W. J.C. No. 3213 of 1975 arises out of M.L. Case No 10 of 1975-76, CWCJ No. 370 of 1976 arises out of M. L. Case No. 63 of 1975-76, C.W.J.C. No. 480 of 1976 arises out of M.L. case No. 45 of 1975-76, C.W.J.C. No. 499 of 1976 arises out of M.L. Case No. 28 of 1975-76 and C.W.J.C. No. 840 of 1976 arises out of M.L. case No. 426 of 1975-76 of the court of respondent No. 2 in each case.