GANESHMAL Vs. BOARD OF REVENUE RAJASTHAN

JUDGEMENT

(1.) THE writ petition before us raises the question whether the Marwar Public Demands Recovery Ordinance, 1923, hereinafter to be referred as the Marwar Ordinance, "was protanto repealed on the coming into force of the Rajasthan Public Demands Recovery Act, 1952 (Act No. V of 1952), hereinafter to be referred as the "rajasthan Act," which came into force on 15. 6. 52, and it arises in this way.

(2.) AGAINST respondent No. 5 Lachhi, there were certain Government dues to be realised and in the course of recovery proceedings, his plot of land situated at village Loonawa was put to auction under orders of the Tehsildar Bali, respondent No. 4. The petitioner was the last bidder at the auction which took place on 27. 4. 55. The Patwari who conducted the auction submitted the papers to the Tehsildar for according approval to the last bid given by the petitioner. Nothing happened for more than a year in the matter and on 30. 5. 56 the petitioner received a notice issued by the Tehsildar Bali calling upon him to deposit the sale price of Rs. 1106/- before 15. 6. 56, and to take possession of the land and obtain the sale certificate in respect of the sale. The petitioner submits that in compliance with the notice of the Tehsildar he deposited the sale price of the plot on 15. 6. 56, whereupon the sale was confirmed in his favour and he was put in possession of the plot on 22. 6. 56. Thereafter the respondent No. 5 Lachhi made an application before the Tehsildar on 29. 10. 58 for setting aside the sale in favour of the petitioner on the ground that the sale price having not been deposited in time and the one-fourth of the price having not been deposited on the conclusion of the auction, the sale was not valid. This plea prevailed with the Tehsildar and he set aside the sale on 12. 6. 59 and ordered the re-auction of the plot. He also ordered that one-fourth of the sale price deposited by the petitioner be forfeited. Aggrieved by the orders of the Tehsildar the petitioner filed an appeal before the Collector, Pali, who accepted the appeal and reversed the order of the Tehsildar setting aside the sale. Respondent No. 5 Lachhi then challenged the order of the Collector by an appeal before the Additional Commissioner Jodhpur and this appeal on account of the abolition of the office of the Additional Commissioner, came to be heard by the Revenue Appellate Authority, respondent No. 2. The Revenue Appellate Authority in its turn set aside the order of the Collector and restored that of the Tehsildar. The petitioner then approached the Revenue Board, respondent No. 1, in revision, but the Revenue Board declined to interfere with orders of the Revenue Appellate Authority. Hence this present writ petition.

(3.) SEC. 8 enables a defaulter to file an objection before the Collector against the proposed recovery. The objections are to be heard and an order is required to be passed thereon and till then all proceedings in pursuance of the certificate are stayed. SEC. 8 runs as under: - "sec. 8. Petition denying liability:- - The defaulter may, within thirty days from the service of the notice under sec. 6 or where the notice has not been duly served, within thirty days from execution of any process for enforcing the certificate, present to the Collector, issuing (the notice) a petition in the prescribed form signed and verified in the prescribed manner denying his liability in whole or in part, (on the ground that the demand is not recoverable under his Act or that its recovery but suit is barred by any law for the time being in force ). (2) A Collector to whom, a petition has been presented under sub-sec (1) shall (xxx) where the certificate has been transmitted to such Collector under sec. 5 (xxx) forward the petition (to the Collector in whose office the certificate has been originally filed ). (3) The Collector in whose office the certificate was originally filed shall hear and determine the petition and may set aside, modify or vary the certificate, if necessary, in accordance with his decision ). (4) Proceedings under the certificate shall be stayed pending the determination of a petition presented under this section. "