MANNALAL Vs. COLLECTOR JHALAWAR

JUDGEMENT

(1.) THIS is an application by Madanlal and Ram Gopal under Art 226 of the Constitution of India against the Collector of Jhalawar challenging the validity of the proceedings under the Rajasthan Public Demands Recovery Act (No. 5 of 1952 ).

(2.) A certificate was filed in the office of the Collector of Jhalawar on the 16th of June, 1953, against the petitioners for an amount of Rs. 2,24. 607/6/6 including interest up to the 31st of March, 1952, in respect of certain loans advanced by the Jhalawar State Bank. Certain movable properties of the petitioners were attached by the Collector of Jhalawar under proviso to sec. 12 of the aforesaid Act (hereinafter to be referred to as 'the Act' ). The petitioners have come to this court with a number of grounds impugning the proceedings regarding recovery of the arrears of State dues under the certificate of the Collector or Jhalawar. Certain provision of the Rajasthan State Dues Recovery Act were also impugned as being hit by Article 14 of the Constitution.