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1984 Supreme(Guj) 250

P.SUBRAMONIAN POTI, R.C.MANKAD
ALKA CERAMICS – Appellant
Versus
GUJARAT STATE FINANCIAL CORPORATION – Respondent


Advocates Appeared: K.N.RAVAL, PATEL VITHALBHAI

P. S. POTI, J.

( 1 ) THESE cases are heard together since the question arising for decision in all these is identical. Certain provisions of Gujarat Public Moneys (Recovery of Dues) Act. 1979 (for the sake of convenience we refer to the Act thereafter in brief as the Recovery Act) are challenged by the petitioners in all these petitions under Art. 296 of the Constitution of India. The Recovery Act is passed by the Gujarat Legislature and as its preamble shows is an Act enabling speedy recovery of certain classes of dues payable to the State Government Corporations Financial Corporations Companies and nationalised or other banks. The Bill having been reserved for the assent of the President received such assent on 15/05/1979

( 2 ) SEC. 3 of Act 17 of 1979 is the main provision in the Act. That enables recovery of certain dues as arrears of land revenue. The procedure for such recovery is prescribed in sub-secs. (1) and (2) of sec. 3 and sub-sec. (3) bars any suit for recovery of such dues in a civil court. Sec. 3 particularly sub-secs. (1) and (2) thereof is under attack in these petitions and the attack is mainly on the ground that it confers arbitrary power of recovery and also on
















































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