GURMAIL SINGH Vs. THE ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS writ petition is directed against order dated 10.11.14 passed by the Additional District Judge, Srikaranpur, whereby a revision petition preferred by the respondents, has been allowed and order dated 3.3.10 passed by the Debt Relief Court, Srikaranpur in Case No. 13/04, rejecting the application preferred by the respondents No. 3 & 4, under Section 6(2) of the Rajasthan Relief of Agriculture Indebtedness Act, 1957 (for short "the Act"), has been set aside and the matter stands remanded to the Debt Relief Court for decision afresh, after hearing both the parties. The respondents preferred an application under Section 6(2) of the Act for recovery of agriculture debt quantified at Rs. 3,45,440/ - against the petitioner before the Debt Relief Court, Srikaranpur. The application was contested by the petitioner by filing a reply thereto. The petitioner had taken the specific stand before the Debt Relief Court that he is engaged in the work of transportation and does not earn his livelihood mainly from agriculture and therefore, being not an agriculturist in terms of clause (b) of Section 2 of the Act, the application preferred by the respondents No. 3 & 4, under Section 6(2) of the Act, is not maintainable.

(2.) ON the basis of the pleadings of the parties, the Debt Relief Court framed the issues in the following terms:

(3.) LEARNED counsel appearing for the petitioner submitted that the order impugned passed by the revisional court is ex facie erroneous. Learned counsel submitted that the respondents having failed to prove that the petitioner is an agriculturist, the application preferred was rightly dismissed by the Debt Relief Court. Learned counsel submitted that the Debt Relief Court having decided all the issues after appreciation of the evidence on record, there was no occasion for the revisional court to remand the matter to the Debt Relief Court for consideration afresh.