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1976 Supreme(Ori) 75

R.N.MISRA, K.B.PANDA
KAPILA CHARAN ROUT – Appellant
Versus
SUB-DIVISIONAL OFFICER, (CIVIL) – Respondent


Advocates Appeared:
P.K.DHAL

R. N. MISRA, J.

( 1 ) AS a part of the drought relief programme sometime before 1960, the Sub-Divisional Officer (Civil), Bhadrak, started several small improvement works within his jurisdiction and one Kapila Charan Rout was entrusted with some of these works. Plain paper agreements had been entered into between the public officer representing the State and the contractor and moneys had been advanced for such purpose. Early in 1960, at the instance of the said public officer, certificate proceedings under the Bihar and Orissa Public Demands recovery Act, 4 of 1974, were initiated and seven cases came to be registered on 1st March, 19. 60. In the year 1963, two more cases were instituted while in february, 1970, the last of the lot under consideration was registered. A chart showing the specifications of the cases is appended below for convenience. The certificate-debtor filed objections in most of the cases but said objections were overruled and execution of the certificates was ordered. On 2-12-1074, immovable properties of the certificate-debtor were put to sale in all the cases excepting Certificate Case No. 9 Dev of 1959-60. In case No. 8 Dev of 1959-60, the following order w
















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