HAJI GH NABI REHI Vs. TEHSILDAR PULWAMA

JUDGEMENT

(1.) THIS is a petition made by Haji Ghulam Nabi Rehi for issuance of a writ of mandamus restraining the respondents from recoering the alleged amount of Rs. 23061.50 from the petitioner as land reenue and also for issuance of any other writ, direction or appropriate order as the circumstances warrant.

(2.) IT is alleged by the petitioner that an accident took place on 2 -10 -67 on Udhampur -Jammu Read in which the petitioners truck and the military truck No. SD 31019 collided. The petitioner was challaned by the Police Udhampur before the Chief Judicial Magistrate Udhampur for alleged causing of the accident by rash and negligent act. The trial concluded in the acquittal of the petitioner on 13 -3 -1969. The Magistrate held that the petitioner was not guilty of any rash and negligent act. Howeer, before the judgment of C. J. M. acquitting the petitioner was announced the respondent No 3 O. C. 692 TPT Company A. S. C. 3 Ren Type D intimated the petitioner on 23 -1 -69 that a court of enquiry was held under the military arrangements and the blame of the accident has been placed on the petitioner and that the petitioner is liable to pay Rs. 23061.50 as cost of damage caused to the military ehicle No. SD -31019. The petitioner has no knowledge of any such court of enquiry, nor the petitioner had been a party to the enquiry. The said enquiry appears to hae been held behind the back of the petitioner. The report of the accident was made oer to the police who challaned the petitioner for committing the accident which resulted in the acquittal of the petitioner. The respondents No. 3 inspite of the order of acquittal by the competent court has by his letter No 5250 -3109/XX/ST 11 dated 13 -3 -69 asked the Deputy Commissioner respondent No. 2 who has in turn asked the respondent No. 1 to make the recoery of the aforesaid amount from the petitioner as arrears of land reenue from the person and property of the petitioner. The respondents hae no right to recoer any such amount as land reenue, nor hae the respondents 1 and 2 any jurisdiction to recoer any such amount from the petitioner. In fact of acquittal order of the Chief Judicial Magistrate the respondent No. 3 had no right to ley and amount on the petitioner nor has he any right and authority to ask the respondents No. 1 and 2 to make any recoery from the petitioner. The respondent No. 3, if he has any right that is by way of institution of a suit in a ciil court and not by the process and the method which he has adopted. Neither can any such amount be recoered as arrears of land reenue. The said amounts now being recoered as "arrears of land reenue by the respondents 1 and 2 without jurisdiction. It is therefore prayed that necessary writ be issued in the matter. Alongwith the petition an affidait in support of the petition has also been filed by the petitioner Also a copy of the acquittal judgment passed by the C. J. M, Udhampur, copy of the order of the O. C. and copy of the letter sent by O. C. to the D. C. Anantnag hae been filed.

(3.) THE respondents 1 to 3 were summoned in this case. It appears that Ghulam Qadir Tehsildar respondent No. 1 appeared in person and also for respondent No. 2 on 29 -9 -69. He was asked to file objections on the next date of hearing that is on 22 -10 -1963. On this date Mr. A. K. Malik Dy. Adocate General appeared for these respondents and also on 11 -11 -69 before the Deputy Registrar. But on 1 -12 -69 he started that he was not engaged as counsel on behalf of the respondents 1 and 2. Respondent No. 3 was also sered ide order dated 19 -7 -69. There is also an endorsement of the O. C. Major H. S. Nanda which is on the file. But uptill now no body appeared on behalf of respondent No. 3 to contest this petition. It was on 1 -12 -69 that the court proceeded exparte against all the respondents.