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1981 Supreme(Raj) 184

M.C.JAIN
Danmal – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

1. - The petitioner by this writ petition seeks to quash the order of the Tehsildar dated February 14, 1974 (Ex. 6) whereby the petitioner's objections dated February 5, 1974 raised against the demand vide Exhibit-7 dated January 14, 1974, were dismissed.

2. The facts giving rise to the present writ petition may briefly be stated as under: The petitioner Danmal (since deceased) was a Khatedar tenant. The non-petitioner No. 2, Panchayat Samiti, Jaisalmer (hereinafter referred to as the 'Samiti') started giving loans in the year 1965-66 under the irrigation scheme for digging wells to the Agriculturists. It appears that the petitioner Danmal applied for advancement of loan to him for digging well In connection with that loan, an agreement dated March 29, 1966 was executed by him in favour of the Samiti for advancement of a sum of Rs. 9 CCO/- for construction of well. The petitioner was paid a sum of Rs. 6,000/-o'n March 29, 1966 and Rs. 3,000/- were paid to him on August 18, 1969. The petitioner undertook the digging and construction of the well at the place approved by the Samiti but unfortunately after the completion of the work in 1969, it was found that the water was not

















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