DHARAM SINGH Vs. CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) IN this writ petition, the petitioner Shri Dharam Singh (since deceased) represented by his legal representative Smt. Gulab Devi has sought directions to restrain the respondents from putting the petitioner's property situated at A -12, Subhash Nagar, Bhilwara to auction for recovery of the loan amount outstanding against his son Shri Kishan Singh.

(2.) THE petitioner's son Shri Kishan Singh took some loan from the respondent Rajasthan Financial Corporation (in short "RFC") and could not repay the loan, interest and other moneys in terms of the loan agreement. The recovery proceedings were initiated against the petitioner's son by the RFC under Section 32G of the State Financial Corporation Act, 1951 (in short "the Act of 1951" hereinafter). Since the petitioner's son failed to make payment of entire outstanding amount despite a notice being served upon him, the RFC made an application to the District Collector (Recovery), Bhilwara for recovery of the amount due as arrear of land revenue in terms of Section 32G of the Act of 1951. In pursuance thereof, the District Collector, Bhilwara issued a notice under Section 229 of the Land Revenue Act, 1956 to the petitioner's son. The petitioner has filed this writ petition aggrieved by the recovery proceedings initiated as aforesaid inasmuch as for the recovery of the loan outstanding against his son, the self acquired property of the petitioner is sought to be auctioned.

(3.) IT is to be noticed that the petitioner Dharam Singh had expired during the pendency of the writ petition and on an application being preferred by his wife Smt. Gulab Devi claiming herself to be her sole legal representative on the strength of the Will regarding the property in question said to have been executed in her favour, vide order dt. 05.11.2007, she was ordered to be substituted as petitioner being legal representative of Shri Dharam Singh.