ALI MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALI Mohammad petitioner has filed this revision petition against the order of the Revenue Appellate Authority Kota dated 26. 10. 64.

(2.) BRIEFLY the facts of the case are that certificate of recovery of Rs. 22. 864/-/9 was filed by the Deputy Commissioner, Civil Supplies, Kota against the petitioner in November, 1953. This recovery proceedings under the P. D. R. Act conti-nued to pend before the Collector, Kota for all these years. It was only after 10 years that on 21. 10. 63 the final arguments were heard of these recovery proceedings of the counsel of the petitioner as well as the Government Pleader and the case was posted for delivery of judgment on 7. 11. 1963. It was then adjourned on 21-1 1-1963 and 28. 11. 63 and finally the judgment was given on 5. 12. 1963. The petitioner filed an appeal against the order of the Collector Kota on 25. 2. 1964 with the allegation in the application that he had knowledge of the impugned order of the Collector, Kota on 6. 2. 1964 only and after obtaining a copy, which was given or 21. 2. 1964, he filed the present appeal which was rejected by the Revenue Appellate Authority as time barred on the ground that the petitioner had the knowledge or ought to have had the knowledge of the date of judgment on 5. 12. 1963 because he was given notice to be present on that date.