GH MOHD Vs. STATE OF J&K

JUDGEMENT

(1.) THESE four writ petitions viz No. 232 ofl968Ghulam Mohd Vs. The State of Jammu and Kashmir and other No. 239 of 1968 Abdul Salam Vs. The Director Supplies, Jammu and others. No 240 of 1968 Ghulam Kassam Malik Vs. The Director, Supplies, Jammu and No. 241 of 1968 Ahad Ullah Wani Vs. The Director, Supplies. Jammu, were before a Single Judge of this court, who by means of his order dated 25 -4 -1969 referred them for disposal by a Division Bench as important points of Law regarding limitation were involved in these cases. Consequently they were heard by a Division Bench and will be disposed off by this judgment.

(2.) THE facts of these writ petitions are enumerated separately and are as follows: - In writ petition No 232 Ghulam Mohd Vs. The State of Jammu and Kashmir and ors, the order of the Tehsildar Kishtwar demanding Rs. 12,990.24 mentioned in the demand writ, as the price of 762 maunds of food grains entrusted to the petitioner for carrying to Warwan Store in the year 1959 The petitioner alleges that the Tehsildar sent for the petitioner in February 1958 and ordered him to pay Rs. 51,211.02 failing which proper proceedings by way of attachment of his property and imprisonment of the petitioner would follow, that the petitioner put in written objections which were rejected by the Tehsildar, that the petitioner was a contractor for carriage of food grains from Kishtwar to Warwan in 1959, that he was entrusted with 762 maunds of food grains to be carried to Warwan but instead of delivering the entire quantity of food grains to stores at Warwan, he distributed 761 maunds through dealers to people at Warwan who did not allow him to deliver the same to the stores, that he deposited the price of the foodgrains with Tehsildar Controller and the balance one maund of foodgrains and empty bags were delivered to stores, that the petitioner was prosecuted u/s 407 R P. C. and was sentenced to pay a fine of Rs. 60/ - only by the Sub -Judge, Magistrate, Kishtwar by means of his order dated 21 -1 -1960, that originally the Tehsildar demanded Rs. 51.211.02 from the petitioner but now he has reduced the claim to Rs. 12,990.24 that the foodgrains were entrusted to the petitioner in August 1959 and are now more than 8 years old, that this amount cannot be realised as arrears of land revenue, that the petitioner does not owe anything to the respondent No. 2 on the other hand his security of Rs. 1000/ - is lying with the Tehsil Controller. The petitioner prays that the writ of demand issued by the Tehsildar Kishtwar demanding from the petitioner Rs, 12,99024 be quashed.

(3.) THE Director of Food and Supplies, Jammu, S Sohan Singh has sworn a affidavit. The objections raised in the affidavit are that it is a contractual matter and a writ is not a proper remedy, that this recovery is authorised by Land Rev. Act, that a writ of certiorari cannot be issued as there was no obligation upon the Director to act judicially in arriving at the rate at which recovery is to be made. That the petitioner does not pray for any specific writ in absence of which no writ can lie, that under clause 13 of the agreement the dispute had to be referred to the arbitration; that the amount recovered is due from the petitioner, that the contract was for the year 1959 -60 and is not concerned with a particular occurrence, that out of 762 maunds ensrusted to the petitioner, he delivered only one maund that the recovery is sought to be made within eight years of the contract, that the amount has been arrived at by working double the landed cost at destination store.