JAMNADAS Vs. PANCHAYAT SAMITI

JUDGEMENT

(1.) THE petitioner was supplied fertilizers by the Panchayat Samiti, Mirzewala (now Panchayat Samiti, Sri Ganganagar) in the year 1960 for sale to the agriculturists and certain sum of money remained cut standing against the petitioner in that matter. On April 5, 1969, the petitioner filed an application under Section 6 of the Rajasthan Relief of Agricultural Indebteness Act, 1957 (hereinafter referred to as 'the Act') praying for determination of his debts. However, in the aforesaid application it was mentioned by the petitioner that the amount due against him in respect of the claim of the Panchayat Samiti, Sri Ganganagar was barred by time and that the time barred debt against the petitioner was not realisable from, him. The Panchayat Samiti in its reply took the defence that the amount outstanding against the petitioner did not come within the definition of 'debt' as given in the Act and as such the application filed be the petitioner under Section6 of the Act was not maintainable. The Debt Relief Court as well as the Additional District Judge, Sri Garganagar, who heard the revision petition filed against the order passed by the Debt Relief Count, took the view that the amount of the Panchayat Samiti, Sri Ganganagar, which remained outstanding against the petitioner was recoverable as arrears of land revenue and, therefore, the said amount did not come within the definition of debt as given in Section 2(c) of the Act and on this basis both the courts held that the application of the petitioner under Section 6 of the Act was not maintainable.

(2.) IN view of the order that I propose to pass in this writ petition it ii not necessary for me to examine the correctness or otherwise of the aforesaid finding arrived at by the Debt Relief Court and the Additional District Judge on the question as to whether the amount in dispute was a loan recoverable as arrears of land revenue An application under Section 6 of the Act can be filed by am debtor who is liable for payment of debts. Now in order to take advantage of the provisions of Section 6 of the Act, for the purposes of determination of the debts outstanding against a person, it must first be shown that he was liable to make payment of some debt and was a debtor. Section 2(c) of the Act defines 'debt' as under;

(3.) THE writ petition is consequently dismissed. The parties are left to bear their own costs.