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2007 Supreme(MP) 799
2007(3) JLJ 372
A.M. Naik, J.
Mahendra Goyanka v. State of M.P. and others
Writ Petition No.6025 of 2007 (Jabalpur); Decided on 9.8.2007.
Arvind Chouksey for petitioner;
Vinod Mehta, Government Advocate for State.
Headnote:(1) Money Lenders Act, 1934 (M.P.) -- S.11-B(4) proviso II (as amended in 2001) -- Constitution of India -- Art.244(I) -- Notification dated 20.2.2003 -- Kotma was part of scheduled area at the time of issuance of notification -- money lending licence could not be issued to carryon business.
Sub-Divisional Officer Kotma, issued a notice dated 20.11.2006 (Annexure P-3) to the petitioner requiring him to provide certain information and documents with respect to his act of money-lending. On behalf of the petitioner, time was sought vide application dated 23.11.2006 on the ground that he was out of station and stay until his arrival was sought of the proceedings under the provisions of M.P. Money Lenders Act. Learned Sub-Divisional Officer, Kotma, refused to grant time and passed the impugned order on 23.11.2006 holding that the licence renewed from 30.10.2004 to 29.10.2006 is void on account of having been issued in respect of scheduled notified area of Kotma Tahsil. Accordingly, licence renewed for the aforesaid period has been cancelled. [Para 2
Held : Second proviso as stated hereinabove, clearly and absolutely prohibits the registering authority from issuing registration certificate to carry on the business of money lending in the scheduled areas referred to in clause I of Article 244 of the Constitution of India.
In the Gazette of India (Extraordinary) Part II, sub-section (1) of section 3, dated 20.2.2003, certain scheduled areas are specified including those situated in the State of Madhya Pradesh. Entry at serial No.13 is as follows:
"Pushparajgarh, Anuppur, Jaithari, Kotma, Jaitpur, Sohagpur and Jaisinghnagar Tahsil in Shahdol District."
At the time of issuance of the said notification, Kotma was part of Shahdol district and, accordingly, it was specified as a scheduled area. After formation of district Anuppur, Kotma has been made part of it.
[Paras 10& 11
(2) Money Lenders Act, 1934 (M.P.) -- S.11-F(1) and (3) --Notification dated 20.2.2003 -- is applicable to the other provisions of the Act including sub-section (3) of S. 11-F -- violation of provision of sub-section (1) of S.11-F in scheduled area -- is punishable. [Para 12
(3) Money Lenders Act, 1934 (M.P.) -- Ss.11-A and 2(ix) (as amended in 2001) -- business place comes under Municipal Council -- Nagar Panchayat is registering authority -- licence renewed by Sub-Divisional Officer -- is without jurisdiction. [Para 8
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mi[kaM vf/kdkjh dksrek us lkgwdkjh ds dk;Z ds ckjs esa dqN tkudkjh vkSj nLrkost nsus ds fy, ;kph dks lwpuk fnukad 20-11-2006 ¼mikca/k ih&3½ tkjh dhA ;kph dh vksj ls vkosnu fnukad 23-11-2006 }kjk bl vk/kkj ij fle; dh bZIlk dh xbZ fd og fuokl LFkku ls ckgj gS vkSj e-iz- lkgwdkj vf/kfu;e ds mica/kksa ds v/khu dk;Zokgh mlds ykSVus rd LFkfxr j[kus dh bZIlk dhA fo}ku mi[kaM vf/kdkjh dksrek us le; iznku djus ls bUdkj fn;k fd 30-11-2004 ls 29-10-2006 rd uoh—r vuqKfIr] dksrek rglhy ds vf/klwfpr {ks= ds ckjs esa tkjh fd, tkus ds dkj.k ‘kwU; FkhA rnuqlkj] iwokZsDr vof/k ds fy, vuqKfIr jnn~ dj nh xbZ gSA ¿ iSjk 2À
vfHkfu/kkZfjr % ;gk¡ Åij tSlk crk;k x;k gS] f}rh; ijarqd esa] Hkkrj ds laf/kku ds vuqPNsn 244 ds [kaM ¼1½ es fufnZ"V vuqlwfpr {ks=ksa esa jftLVªhdj.k izkf/kdkjh }kjk /ku m/kkj nsus dk dkjckj lapkfyr djus ds fy, jftLVªhdj.k izek.ki= tkjh djus dk Li"V vkSj vkR;afrd izfr"ks/k gSA
Hkkjr ds jkti= ¼vlk/kkj.k½ Hkkx 2] vuqHkkx 3 ds mi&vuqHkkx ¼1½ fnukad 20-2-2003 ds dfir; vuqlwfpr {ks= fofufnZ"V fd, x, gS ftuesa og Hkh lfEefyr gS tks e/; izns‘k esa vofLFkr gSaA ljy Ø- 13 izfof"V bl izdkj gS %
Þ‘kgMksy ftys esa iq"ijktx<+] vuwiiqj tSrjgh] dksrek] tSrjiqj] lksgkxiqj vkSj tSfla?kuxjAß
mDr vf/klwpuk tkjh gksus ds le; dksrek] ‘kgMksy ftys dk Hkkx Fkk vkSj rnuqlkj mls vuqlwfpr {ks= fofufnZ"V fd;k x;kA vuqiiwj ftyk cuus ds i‘pkr~ dksrek mldk Hkkx cu x;kA ¿ iSjk 10 ,oa 11À
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1. Short facts giving rise to the present writ petition are that the petitioner's father was a money-lender of Shahdol district for more than 30 years. After his death, petitioner continued with the business of money lending. He obtained licence for money-lending by getting himself registered under the provisions M.P. Money Lenders Act, 1934. Licence was issued in favour of the petitioner on 17.3.1998 for a period of two years by Tahsildar, Tahsil Kotma, District Shahdol, as revealed in Annexure P-2. It was extended from time to time, lastly on 29.3.2006 for a period from 30.10.2004 to 29.10.2006 as revealed on the back side of Annexure P-2. Last extension/renewal was granted by the Sub-Divisional Officer, District Anuppur. It is pertinent to mention here that on formation of District Anuppur, Tahsil Kotma was made a part of it.
2. Sub-Divisional Officer Kotma, issued a notice dated 20.11.2006 (Annexure P-3) to the petitioner requiring him to provide certain information and documents with respect to his act of money-lending. On behalf of the petitioner, time was sought vide application dated 23.11.2006 on the ground that he was out of station and stay until his arrival was sought of the proceedings under the provisions of M.P. Money Lenders Act. Learned Sub-Divisional Officer, Kotma, refused to grant time and passed the impugned order on 23.11.2006 holding that the licence renewed from 30.10.2004 to 29.10.2006 is void on account of having been issued in respect of scheduled notified area of Kotma Tahsil. Accordingly, licence renewed for the aforesaid period has been cancelled.
3. Case of the petitioner is that the licence was renewed duly for the period from 30.10.2004 to 29.10.2006 and the Collector Anuppur, has acted in a mala fide manner due to political influence of his rivals. It is further stated in the petition that a sum of Rs.5 lacs was demanded from the petitioner as gratification and on account of denial on his part, the Collector is bent upon to initiate proceedings against the petitioner under the provisions of the M.P. Rajya Suraksha Adhiniyam, for externment. A letter issued by the Sub-Divisional Officer addressed to the Sub-Divisional Magistrate, District Anuppur is placed on record as Annexure P-6 wherein it has been mentioned that for maintaining law and order, it is necessary to extern petitioner's brother, namely, Manish Kumar under the provisions of the said Act. This apart, Sub-Divisiona Magistrate, Kotma, has started a drive against money lenders as revealed in Annexures P-9 and P-9. It is further submitted that the petitioner has already advanced money to various persons during the validity period of licence which may be recovered by him as of right. On the facts and grounds averred in the writ petition, following reliefs have been sought:
"7(1) This Hon'ble Court may kindly be pleased to quash the impugned order dated 23.11.2006 (Annexure P-5).
(ii) This Hon'ble Court may kindly be pleased to direct the respondents No.2 and 3 have got no jurisdiction to issue 10 points Mool Mantras and restrain the petitioner from legally recovering the loan amount of about Rs.35 lacs disbursed during validity of licence."
4. Shri Arvind Chouksey, learned counsel for the petitioner strenuously argued that the impugned order dated 23.11.2006 having been passed by the Sub-Divisional Officer Kotma, is without jurisdiction and the same is liable to be quashed. He further contended that the petitioner's licence of money-lending was renewed for a period from 30.10.2004 to 29.10.2006 and the transactions of money-lending performed during this period are not illegal and the petitioner has a right to recover the amount advanced during the aforesaid validity period. It is further contended that declaration of scheduled area with respect to Kotma forming part of District Anuppur, has not been made at all and no such Gazette Notification has been issued. In the absence of such a declaration, licence of money-lending renewed in fa
