PURSHOTTAM Vs. GOVT OF RAJASTHAN

JUDGEMENT

(1.) THIS revision has been filed against the order of the Revenue Appellate Autho-rity, Udaipur dated 19. 9. 63 whereby the learned Revenue Appellate Authority held that the applicant was liable for the payment of Rs. 10,000/ -.

(2.) BRIEFLY stated, the facts of the case are that the Collector. Civil Supplies, Udaipur filed a requisition certificate on 22. 8. 1960 against the applicant for the recovery of Rs. 30,259. 49. The S. D. O. Udaipur, subsequently, filed a certificate u/s 4 of the P. D. R. Act in respect of this requisition and issued a notice against the defaulter along with a copy of the certificate. The petitioner filed an objection petition denying liability which was duly sent to the Collector for consideration. The Collector rejected the petition and communicated his order to the S. D. O. vide his letter No. 6900 dated 17. 12. 60 stating that the petitioner had stood surety for Kanhiyalal Kabra from whom the aforesaid sum was to be realised. As there was no possibility of realising the above sum from Kanhiyalal, the petitioner was liable for the payment of the sum as a surety. In view of this report, the S. D. O. ordered the recovery of amount from the petitioner. Having felt aggrieved by this order, the petitioner filed an appeal before the Revenue Appellate Authority. The main argument raised by him was that he was not liable to pay this amount as the certificate issued in this connection was defective and did not indicate on what account the amount was due. It was also denied by him that he had ever stood surety for Kanhiyalal. The learned Revenue Appellate Authority, on his part ordered the surety bond to be produced. A copy of the same having been produced, the learned Revenue Appellate Authority found that the bond indicated that the petitioner had stood surety for the amount of Rs. 10,000/ -.