SANTOSH KUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS is plaintiffs second appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 13.2.2007 passed by Additional District Judge, Chhabara, District Baran in Civil Appeal No. 05/2005 confirming the judgment and decree dated 15/9/2005 passed by Civil Judge (Senior Division) Chhabara, District Baran in Civil Suit No. 26/1999 whereby the suit of the plaintiff for declaration and permanent injunction was dismissed.

(2.) BRIEF facts of the case are that the appellant was authorized by District Supply Officer, Baran to supply wheat to the students of village gram panchayat Bahari and Mundla under the Rashtriya Poshahar Scheme. He was also directed to supply 3 kg. wheat every month for every student; that he supplied the food grains as per the terms and conditions laid down in the rules; that all the commodities supplied by him were always entered in the separate register and kept for that purpose village wise; that the information about supply and distribution was also given to the authorities; that on 27/2/1999 the appellant received a notice from the respondent No. 2 District Supply Officer, Baran asking the appellant to appear before him and Tehsildar's office to submit information about the deposition of coupons so deposited by him and in default necessary action will be taken; that in compliance of that notice plaintiff appeared before the authorities and submitted that he deposited all the relevant record in the Panchayat Samiti, thereafter again he received notice on 18/8/1999 asking him to deposit recoverable amount with the development officer, Panchayat Samiti Chhabara and this notice was without any opportunity of hearing, therefore, relief was sought for declaring the notices dated 27/2/1999 and 18/8/1999 as null and void.

(3.) ON the basis of the pleadings, the trial court framed the issues and after recording the evidence and hearing the parties dismissed the suit of the plaintiff which in turn was affirmed by the First Appellate Court.