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1976 Supreme(MP) 96

S.S.SHARMA, SHIV DAYAL
RAMKISHAN AGARWAL – Appellant
Versus
COLLECTOR, JABALPUR – Respondent


Advocates Appeared:
R.K.Pandey, S.L.SAXENA

SHIV DAYAL, C. J.

( 1 ) BY this petition under Articles 226 and 227 of the Constitution of India, the constitutional validity of the Madhya Pradesh Gramin Rin Vimukti Tatha Rin sthagan Adhiniyam, 1975 (No. 37 of 1975) has been challenged. It is contended that the different provisions of the impugned Act are ultra vires the constitution. It seeks a writ to restrain the respondents from enforcing their orders served on the petitioners through the Patwari to produce all the pledged ornaments before the Sub-divisional Officer, Jabalpur.

( 2 ) THE petitioners carry on the business of money-lending. They advance money to the members of Scheduled Castes and Scheduled Tribes, to small and marginal farmers and also to others who are not covered by the Act. It is averred in the petition that on July 18, 1976, respondents Nos. 3 and 4, who are Patwaris, approached the petitioners and told them that they were required to produce all the pledged ornaments involved in their money-lending business end the account books before the Sub-divisional Officer, Jabalpur, at Camp barela on July 25, 1976, with a view to return them. The Patwaris took their signatures on a piece of paper in token of the int




















































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