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2012 DIGILAW 84 (RAJ)

Lal Chand v. State of Rajathan Anr.

2012-01-06

ALOK SHARMA

body2012
JUDGMENT 1. - The present petition has been filed challenging the order dated 09.11.2011 passed by the Tehsildar, Neem Ka Thana, District Sikar whereby the petitioners were required to deposit sums of Rs. 93,677/- and Rs. 1,83,586/- respectively within a period of three days of the said order failing which proceedings under Sections 256, 257 of the Rajasthan Land Revenue Act, 1956 were to be initiated against them. 2. I have heard the counsel for the petitioners and perused the writ petition. 3. The demand notice dated 09.11.2011 indicates that a show cause notice had been issued to the petitioners on 01.09.2011 in response to which the petitioners were free to file reply and clarify the obtaining position of accounts. It appears that no reply to the show cause notice dated 01.09.2011 was filed consequent to which the order dated 09.11.2011 has been passed. 4. Counsel for the petitioners submits that the show cause notice dated 01.09.2011 was never received by the petitioners. From the pleadings on the writ petition, it is apparent that no specific averment with regard to the non-receipt of show cause notice dated 01.09.2011 has been made. It has been vaguely stated that a copy of the notice dated 01.09.2011 is not available with the petitioners. 5. Be that as it may, the issue in the present petition is with regard to the order dated 09.11.2011 whereby recoveries sought to be made from the petitioners on account of shortage of wheat handed over to the petitioners for distribution to the targeted population and their failure to account for whole of it. In these type of accounting matters which obviously entail disputed question of fact, writ proceedings under Article 226 of the Constitution of India are not the appropriate remedy. The petitioners can make a representation to the competent authority even at this stage detailing out facts to satisfy the authorities that no amounts at all are due and whole of the wheat given for distribution to the targeted population has been accounted for. 6. The petitioners can make a representation to the competent authority even at this stage detailing out facts to satisfy the authorities that no amounts at all are due and whole of the wheat given for distribution to the targeted population has been accounted for. 6. In this view of the matter, even while I am not inclined to interfere in this writ petition, the petitioners are free to make a representation to the competent authority on the subject matter of their not being in default or having failed to account for wheat given to them for distribution to the targeted population and in the event such representation/s is/are made, the competent authority is directed to decide the same by way of a speaking and reasoned order within a period of four weeks thereafter.The petition is disposed of accordingly.Stay application is also disposed of.Petition Disposed of. *******