SMT. GULAB Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) ONE Kalu Ram stood surety for Madan Lal an Excise Contractor who was given Country Liquor contract on guarantee system in the year 1975 for a shop in Borunda. In relation to the dues against said Madan Lal with regard to the aforesaid Liquor contract the House of Kaluram the Surety was at attached under Ex. 1 dated August, 30, 1976. The petitioner who is the widow of said Kalu Ram has filed the writ petition in this Court for quashing the attachment of her house by the respondents and from restraining the respondents from recovering any amount from the petitioner's properties on the basis of certificate issued against Madan Lal the Liquor contractor,

(2.) THE facts relevant for appreciating the controversy in this writ petition are these:

(3.) LICENCE for country Liquor shop situated in Borunda, Tehsil Bilara for the year 1975 -76 on guarantee system was given to one Madan Lal and Kalu Ham since deceased husband of the petitioner Smt. Gulab stood a surety for the said Madan Lal for the amount of Rs. 15,010/ - and executed a surety bond in favour of the State. There was a shortfall in the guarantee amount to the extent of Rs. 4008. 41 ps. for the months from April, 1975 to August, 23, 1975 and besides that as a result of re -auction of the Country Liquor shop of Borunda there was a loss of Rs. 5443/ - The liability of Madan Lal, the licensee, was determined to the extent of Rs. 58051.41 ps. The District Excise officer, Jodhpur determined the aforesaid liability under his order dated August, 20, 1975 (Ex. 2) and in the aforesaid order also held that in case the recovery in whole or in part is not possible from Madan Lal then the amount should be recovered from the property of Kalu Ram the surety. The District Excise Officer on 8th February, 1980 issued a warrant of sale of property belonging to Kalu Ram authorising the Assistant Excise Officer, Jodhpur to sell the property belonging to Kalu Ram and attached on 20.9.79 for the dues amounting to Rs. 57239.97 ps. Sale proclamation was also issued. The petitioner who is the widow of Kalu Ram the surety has challenged the attachment of her property as well as the recovery proceedings by sale of it on the following grounds: