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1962 Supreme(Cal) 20

HIGH COURT OF CALCUTTA
SINHA, J.
Bulu Rani Seal
Versus
Member, Board of Revenue
Civil Revn. Case No.2310 of 1959
Decided On : 18-01-1962

Advocates:
Amarendra Mohan Mitter, Pritish Chandra Roy, Arunendra Nath Basu and Kalijiban Mukhopadhya, for Petitioner; N.C. Chakravorty and S.K. Roy Choudhury, for Opposite Parties Nos.1 to 4.

The provisions of the Public Demands Recovery Act, Bengal, can be utilized in the execution of a certificate issued under the Revenue Recovery Act, 1890, only to the extent that they are not in conflict with the provisions of the Revenue Recovery Act.

Headnote:

REVENUE RECOVERY ACT, 1890 - SECTION 3 - PUBLIC DEMANDS RECOVERY ACT, BENGAL - SECTION 7 - CERTIFICATE ISSUED UNDER REVENUE RECOVERY ACT - EXECUTION - CERTIFICATE OFFICER NOT COLLECTOR - NOTICE UNDER SECTION 7 OF LOCAL ACT - INVALID - TRANSFER SUBSEQUENT TO PROCLAMATION UNDER SECTION 6 OF REVENUE RECOVERY ACT - VALID.

Fact of the Case:

A loan was taken from the Rehabilitation Finance Administration by a partnership firm, with two individuals standing as surety for repayment. The loan was not repaid, and proceedings were initiated under the Revenue Recovery Act, 1890. A certificate was issued by the Collector of Delhi and sent to the Collector of 24-Parganas for execution. The Collector of 24-Parganas issued a fresh certificate under the Public Demands Recovery Act, Bengal, and served a notice under Section 7 of the Act. The petitioner, who had purchased the property of one of the sureties, filed a claim before the Certificate Officer, which was allowed. The Collector allowed the appeal, holding that the notice under Section 7 was not valid. The Commissioner set aside the Collector's order, and the Board of Revenue dismissed the appeal. The petitioner filed a writ petition challenging the validity of the certificate proceedings.

Finding of the Court:

The court held that the certificate issued by the Collector of Delhi should have been executed, and a fresh certificate should not have been issued by the Certificate Officer, 24 Parganas. The court also held that the Certificate Officer was not competent to issue a notice under Section 7 of the Public Demands Recovery Act, Bengal, and the issuing of such a notice was incompetent and contrary to law. The court further held that no proclamation under Section 6 of the Revenue Recovery Act having been issued, subsequent transfers were not invalid.

Issues: 1. Whether the provisions of the Public Demands Recovery Act, Bengal, could be utilized in the execution of a certificate issued under the Revenue Recovery Act, 1890. 2. Whether the Certificate Officer, 24 Parganas, was competent to issue a notice under Section 7 of the Public Demands Recovery Act, Bengal. 3. Whether the subsequent transfer of the property was valid in the absence of a proclamation under Section 6 of the Revenue Recovery Act, 1890.

Ratio Decidendi: 1. The provisions of the Public Demands Recovery Act, Bengal, could be utilized in the execution of a certificate issued under the Revenue Recovery Act, 1890, only to the extent that they were not in conflict with the provisions of the Revenue Recovery Act. 2. The Certificate Officer, 24 Parganas, was not competent to issue a notice under Section 7 of the Public Demands Recovery Act, Bengal, as he was not the Collector as defined under the Revenue Recovery Act. 3. The subsequent transfer of the property was valid in the absence of a proclamation under Section 6 of the Revenue Recovery Act, 1890.

Final Decision: The court quashed the certificate issued by the Certificate Officer, 24-Parganas, and all proceedings had thereunder, including the orders of the Collector, the Commissioner, and the Board of Revenue. The court directed that further proceedings may be commenced from the stage of the certificate sent by the Collector of Delhi to the Collector of 24-Parganas under the Revenue Recovery Act.

JUDGMENT :- The facts in this case are shortly as follows:- The respondent No.8, Messrs. Allied Pharmacy, a partnership firm, took a loan from the Rehabilitation Finance Administration, a statutory body constituted under the Rehabilitation of Finance Administration Act, 1948 (Central Act No.XII of 1948) and the respondents Nos.6 and 7, Sachindra Kumar Roy and Satindra Prasad Das Gupta, stood as surety for the repayment of the loan. Under the said Act, such loans are recoverable as arrears of revenue. The loans not having been repaid, proceedings were taken under the provisions of the Revenue Recovery Act, 1890 (Act 1 of 1890) and the Additional Collector, Delhi, issued a certificate under section 3 (1) of the said Act, a copy whereof is annexure-"A" to the petition. This certificate was sent to the Collector 24-Parganas at Alipore (West Bengal), stating that the said guarantors had properties within the jurisdiction of the Collector of 24-Parganas and the amount due as loan mentioned therein amounting to Rs.9161/5/- with interest should be recovered as if it were an arrear of revenue, which occurred in his district, and he was to recover it and remit the same to the Collector, Delhi. This certificate having been received in the office of the Collector, 24-Parganas at Alipore, some one made an endorsement to the effect "start a case and realise the demand." Thereupon, the Certificate Officer of 24-Parganas at Alipore commenced proceedings by issuing a fresh certificate under the Public Demands Recovery Act (Bengal Act III of 1913) showing that the certificate holder was the Union of India, and the dues were shown as "R.F.A. Loans for L.A.2209 due to the Collector of Delhi District." After filing the said certificate, the Certificate Officer issued notice under section 7 of the Bengal Act, which was sought to be served on the opposite party No.6 on 15-5-53. The service of this notice is disputed. The petitioner before me claims to have purchased the premises No.41/6, Narkeldangs North Road, Calcutta, which belonged to the respondent No.6 and his wife, each having a moiety share therein, by a registered deed of sale dated the 1st March, 1954. The share of the respondent No.6 in the said property was going to be put up for sale and the petitioner having come to know of it, preferred a claim before the Certificate Officer, on or about the 11th May, 1955. On the 22nd March, 1956, this claim was heard and the petitioner adduced evidence about her being a bona fide purchaser without notice. Various objections were taken and I shall presently refer to some of them. The objections were overruled by the Certificate Officer by his order dated the 7th May, 1956. The petitioner thereupon filed an appeal before the Collector of 24-Parganas, being Appeal No.31 of 1956-57. This was heard by the Additional Collector of 24-Parganas, who by his order dated 9-10-56 allowed the appeal, holding inter alia that the notice under S.7 of the Bengal Public Demands Recovery Act was not a valid notice, and accordingly the purchase of the petitioner could not be held as void. Against this order, the union of India preferred an appeal to the Commissioner of the Presidency Division which was registered as Case No.82-F of 1956-57. The Commissioner held that he was going to treat this as an application for revision, and he set aside the order of the Collector. Against this order, an appeal was taken to the Board of Revenue but the appeal has failed. Thereupon this application has been made.

2. Various points have been taken before me, but three points which have been pressed are as follows: The first point to be considered is as to whether, and how far, the provisions of the Public Demands Recovery Act, Bengal, could be utilised in such a case. The certificate was issued under the provisions of the Revenue Recovery Act 1890, which is a Central Act. Section 2 (2) of the said Act defines the word Collector as meaning the chief officer in charge of the land revenue




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