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VINOD S. BHARDWAJ
Rana Gurjeet Singh – Appellant
Versus
Punjab Energy Development Agency – Respondent
JUDGMENT
Vinod S. Bhardwaj, J.
Challenge in the present writ petition is to the Recovery Certificate dated 19.11.2015 (Annexure P-6) and the Notification dated 21.09.2015 (Annexure P-3) whereby the respondents have initiated the process for recovery of outstanding dues under the Punjab Public Moneys (Recovery of Dues) Act, 1983 (hereinafter referred to as 'the Act of 1983') by appointing an Authorized Officer for recovery of dues.
Facts And Pleadings of Petitioner
2. The petitioners are the promoters of M/s Rana Sugars Limited and had entered into a Tripartite Financial Collaboration Agreement dated 28.03.2000 with the Company namely M/s Rana Sugars Limited and Punjab Energy Development Agency (hereinafter to be referred as 'PEDA'). The said Tripartite Financial Collaboration Agreement (hereinafter referred to as 'Collaboration Agreement') was later on amended vide a Supplementary Tripartite Financial Collaboration Agreement executed between the parties on 20.11.2000 for setting up of a bagasse based co-generation Project. The petitioners-Promotees as well as respondent No.1-PEDA had invested in the equity share capital of M/s Rana Sugars Limited. The Collaboration Agreement containe
S.3(1)(c) of the Public Moneys (Recovery of Dues) Act, 1965 is unconstitutional for violating Article 14 by allowing arbitrary recovery procedures without guiding standards.
Debt is not the same thing as right of action for its recovery – While debt is right in creditor with correlative duty on debtor right of action for recovery is in nature of a legal power.
Section 3 of the Goa Public Monies Act provides a constitutional mechanism for the recovery of public dues without infringing Article 14 through arbitrary actions.
The Zila Panchayat cannot recover contractual amounts as arrears of land revenue; such recovery must follow statutory provisions under the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961.
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