STATE OF RAJASTHAN Vs. DEO KISHEN

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the Sub-Divisional Officer, Udaipur dated the 6th September, 1961 dropping the proceedings for the recovery of the demands of the Forest Department made against the respondent under the Public Demands Recovery Act. Briefly the facts of the case are that the respondent Dev Kishen entered into an agreement with the Government of Rajasthan in the Forest Department for the Supply of meat to the animals in Udaipur Zoo and as he committed the breach of the contract the Divisional Forest Officer, Udaipur made a requisition under the Public Demands Recovery Act for a sum of Rs. 3708. 98 paisa from the respondent by way of damages sustained by the Government. The respondent denied his liability to pay before the Sub-Divisional Officer, Udaipur when the certificate was filed and a notice was issued against him. The Sub-Divisional Officer came to the conclusion that the amount of damages is not a Public Demand and cannot be recovered under the Public Demands Recovery Act from the respondent. Aggrieved by this order the Government Advocate has filed this revision petition.

(2.) A preliminary objection was raised by the counsel for the respondent that under sec. 23-A of the Public Demands Recovery Act, 1952 an appeal from the order made by the Collector lies to the Commissioner, now as amended, to the Revenue Appellate Authority and hence no revision is maintainable. He rightly argued that where appeal lies revision is normally barred. The Government Advocate was unable to satisfy how the revision was maintainable in view of the clear provision of the law that the remedy by way of appeal was available to the Government against the order passed by the Sub-Divisional Officer in exercise of his power delegated by the Collector. Therefore this revision must fail on this ground also.