GIAN SINGH Vs. COLLECTOR BHILWARA

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution for a writ of certiorari, prohibition or any other appropriate direction or order against the Collector and Tehsildar of Bhilwara.

(2.) THE case of the applicant was that the Collector of Bhilwara issued a notice under sec. 6 of the Rajasthan Public Demands Recovery Act (No. V) of 1952, along with a copy of certificate for realization of Rs. 1,500/- from the applicant on the requisition of a Commissioner under the Workmen's Compensation Act, 1923. On the receipt of this notice, the applicant appeared before the Collector, and objected under sec. 8, denying his liability. THEreupon, it is said that the Collector dropped the proceedings under the Public Demands Recovery Act, and started recovering the same amount under sec. 94 of Quanoon Mal Mewar (Act No. V) of 1947. Consequently the applicant has come to this Court, and his main contention is that the Collector should have proceeded under the Public Demands Recovery Act and followed the procedure provided by sec. 8, sub-sec. (2) of that Act, and that he could not take action under sec. 84 of the Quanoon Mal and we should direct him to proceed under sec. 8 (2) of the Public Demands Recovery Act.