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2002 Supreme(MP) 33

ARUN MISHRA
M. L. CHAURASIA – Appellant
Versus
TAHSILDAR, BALAGHAT – Respondent


Advocates Appeared:
AJAY MISHRA, P.N.DUBEY

ARUN MISHRA, J.

( 1 ) LEARNED counsel for the petitioner submits that no Court or authority or jurisdiction to issue Land Revenue Recovery certificate in view of S. 17 read with S. 18 of the Recovery of Debts Due to Banks and Financial Institution Act, 1993, and there is specific bar under the said provisions. The challenge of the petitioner is to a recovery initiated under Section 3 of the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Niyam, 1987 (Act No. 1 of 1988 ). Certain loan was advanced to the petitioner and revenue recovery certificate/overdraft was also drawn. Land Revenue Certificate amounting to Rs. 40,60,000/- has been received. Recovery of which is being made under the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987.

( 2 ) THE reliefs claimed in the instant writ petition is to the following effect :- it is, therefore, prayed that this Hon'ble Court be pleased to : (I) issue a writ in nature of writ of certiorari for quashing Annx. P/1 and further to declare that respondents 1, 3 and 4 have absolutely no legal authority or jurisdiction to proceed with recovery process under the provisions of Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli








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