ABANI KUMAR MUKHERJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution,

(2.) THE petitioner, Shri Abani Kumar Mukherji, was recognised as the successor of late Shri Babu Satkori Mukherji by an order of the Raj Pramukh dated the 21st of Feb. , 1951. THE order of recognition imposed a liability to pay Rs. 9605/0/6 by way of dues chargeable on the succession. THE petitioner was to pay this amount by six half-yearly instalments THE petitioner paid Rs 1605/8/3 on 29th January, 1952, and Rs. 1600/- on 2nd June, 1952. He was called upon by an order of the Collector, dated 2nd June, 1952, to deposit 6-1/4% on account of batta (exchange ratio between jharshahi and kaldar coins) over and above the aforesaid amounts as the liability imposed was said to be in jharshahi coin. It was alleged by the petitioner that the Collector, who is respondent No. 2, issued orders to realise the amount of batta on the above amounts as also on all future instalments by means of a penalty of Rs. 5/- per day, known as dastak. It was alleged that the order imposing a liability did not mention that batta of 6-1/4% was realisable in addition to the sum named in the order. It was also alleged that jharshahi rupee coin had ceased to be legal tender and the respondent had no jurisdiction to realise the excess sum beyond the amount named in the order which the petitioner was prepared to pay in the Govern-ment of India Rupee which was the legal tender.