ORDER 1. Petitioner/decree holder has preferred this petition under Article 227 of Constitution of India challenging the order passed by the Executing Court, First Additional District Judge, Bilaspur on 3/12/1990 in Execution Case No.17-B/1978. By the said order the executing court has closed the execution proceedings on the ground that after coming into operation of the Chhattisgarh Gramin Rin Vimukti Adhiniyam, 1982, the execution proceedings for recovery of a debt against a marginal farmer cannot be continued consequent to the provision contained in Section 3 thereof. 2. It appears the petitioner/decree holder filed a suit bearing Civil Suit No. 17-B/1978 for recovery of Rs. 12,500/- in which a decree was passed in his favour and the said decree was sought to be executed by moving an execution application under Order 21 of the CPC. During pendency of the execution application the said Adhiniyam, 1982 was enacted and the same came into force on 22/01/1983. The judgement debtors thereafter moved an application under Section 3 of the Adhiniyam on the ground that the entire agricultural land belonging to the judgement debtors were acquired by the State Government for Hasdeo Bango Project and the petitioner has received compensation, however, he has become landless and is thus a marginal farmer as defined under Section 2 (g) of the Adhiniyam, therefore, by virtue of provision contained in Section 3 (b) (c) of the Adhiniyam the execution cannot proceed against him. 3. The executing court has allowed the application and has closed the execution proceedings. 4. Learned counsel for the petitioner would argue that under Section 6 of the Adhiniyam, the authorities specified for implementing the provisions of the Adhiniyam are the Collector and any other officer specified by the Collector for implementing the provisions of the Adhiniyam, therefore, the enquiry as to whether the judgement debtors are marginal farmers or landless agricultural labourers can only be carried on by the Collector or officer nominated by him and the Civil Court has no jurisdiction to hold any enquiry to declare that the debt is discharged. 5. Section 2(e)(g) defines landless agricultural labourer and marginal farmer respectively. 5. Section 2(e)(g) defines landless agricultural labourer and marginal farmer respectively. They are reproduced hereunder for ready reference : 2(e) "landless agricultural labourer" means a person who does not hold any agricultural land and whose principal means of livelihood is manual labour on agricultural land; 2(g) "marginal former" means an agriculturist who,(i) in the case of a member of Scheduled Castes or Scheduled Tribes, holds agricultural land not exceeding one hectare if irrigated or two hectares if ui1irrigated and who personally cultivates such land; (ii) in the case of a person other than a member of Scheduled Castes or Scheduled Tribes, holds agricultural land not exceeding half hectare if irrigated or one hectare unirrigated and who personally cultivates such land; Section 3(a) (b) (c) of the Adhiniyam and Section 6 of the Adhiniyam are relevant, therefore they are reproduced for ready reference:- 3. Consequences to ensue on commencement of Act-Notwithstanding anything I contained in any other law for the time being in force or in any contract or other instrument having a force of law and save as otherwise expressly provided in this Act, the following consequences shall, on the commencement of this Act, ensue, namely:- (a) every debt advanced before the 16th August, 1982 including the amount of interest, if any, and which is payable by- (i) a marginal farmer; (ii) a landless agricultural labourer; (iii) a rural artisan; (iv) a small farmer; to a creditor shall be deemed to be wholly discharged; (b) no civil court having jurisdiction shall entertain any suit or proceeding against a debtor specified in clause (a) for the recovery of his debt; (c) all proceedings in execution of any decree for money or proceedings for making final any preliminary decree for foreclosure or sale or proceedings in execution of any final decree for sale against a debtor specified in clause (a) for the recovery of his debt shall stand withdrawn and all property of the said debtor under attachment in any such proceedings shall forthwith be released; 6. Authorities who may be specified for implementing the provisions of this Act. Authorities who may be specified for implementing the provisions of this Act. The State Government may confer such powers and impose such duties on a Collector as may be necessary to ensure that the provision of this Act are properly carried out and the Collector may specify an officer or officers subordinate to him, who shall exercise all or any of the powers and perform all or any of the duties so conferred or imposed and determine the local limits within which such powers or duties shall be carried out by the officer or officers so specified. 6. On a reading of the above quoted provisions, it would appear that when any debt obtained by a landless agricultural labourer or marginal farmer was subsisting on the date of enforcement of the Adhiniyam, the said debt is deemed to be wholly discharged and no civil court having jurisdiction can entertain any suit or proceeding against a debtor specified in clause (a) of Section 3 for the recovery of his debt and all proceedings in execution of any decree for money for the recovery of the said debt shall stand withdrawn and all property of the debtor under attachment in any such proceedings shall forthwith be released. However, under Section 6, the duty to implement the provision of the Adhiniyam has been saddled on the Collector of the District and on any other specified officer subordinate to him. In the matter of Gomtibai Vs. Ratanprakash, 1990 MPLJ 660 , it has been held that for making enquiry as to whether the debt has been discharged under the Adhiniyam, it has provided special forum of Collector, therefore, civil court cannot embark upon holding an enquiry and therefore the civil court cannot refuse to proceed with the execution proceedings by declaring that the debt is discharged. 7. In view of the above settled legal position, this court is of the considered opinion that the question as to whether the judgement debtors are landless agricultural labourers or marginal farmers can be determined by the Collector or any other officer subordinate to him, as specified by him, therefore before closing execution proceeding and allowing application filed by the judgement debtors the executing court should have directed the judgement debtors to approach the concerned Collector for determination of the question. Though, the executing court has not done so, however, merely by quashing the impugned order the interest of justice may not be served as on the one hand the provision of the Adhiniyam has to be given effect to and on the other hand if the judgement debtors are not landless agricultural labourers or marginal farmers, the petitioner is entitled to execute the decree, therefore in the facts and circumstances of the case, this writ petition is disposed of with a direction to the respondents/judgment debtors to move an application before the concerned Collector for enquiry and determination as to whether the judgment debtors are marginal fanners or landless agricultural labourers and further as to whether in the facts of the case the consequence to ensue as provided under Section 3 of the Adhiniyam would be applicable or not. 8. The respondents/judgement debtors may move an application before the concerned Collector within a period of two months from today. On such application being made, the concerned Collector shall make enquiry and determine the question as mentioned above within a further period of six months. After the enquiry is complete, the parties shall submit a copy of the finding recorded in the enquiry before the executing court who shall thereafter proceed in accordance with law. 9. Parties to the proceedings shall appear before the executing court on 11th September, 2012. Till the enquiry is completed the execution proceeding shall remain stayed. 10. The writ petition succeeds in part. Petition Partly Allowed.