Decided on July 26,1999

AMAR NATH Appellant
STATE OF JANDK Respondents


- (1.) HEARD learned counsel.
(2.) THIS appeal under Clause 12 of the letters patent is directed against the judgment passed by the learned Single Judge in CWP No. 370/93 dated 1.7.1999. While disposing of the writ petition amongst others it was observed by the learned Judge as under: "In my opinion that ends of justice in this case would be well served if the petitioner is afforded an opportunity of hearing, so that he may be able to indicate as to whether an amount regarding which demand has been created against him payable by him or not. Petitioner would accordingly appear before the respondent no. 2 who would pass fresh order in accordance with law. Registrar (Judicial) of this court shall sent copy of order to respondent no. 2 as also to the petitioner. This is because no one has put in appearance on behalf of the petitioner. Respondent no. 2 would be at liberty to pass afresh order after affording opportunity of hearing to the petitioner. In case petitioner does not appear before the respondent no. 2 after notice served on him then said authority is well within its right to pass exparte order. Disposed of accordingly".
(3.) IN order to properly understand the controversy involved in the case as well as to appreciate the submissions urged by Sh. Mehta facts of the case need to be briefly referred to. As per appellant (hereinafter to be referred as petitioner) he had entered into a contract agreement with respondent no. 2 i.e. Deputy Commissioner, Food and Supplies, Jammu for carriage of foodgrains from Thathri to Gandoh for the year 1973. A written agreement form dated 18th May. 1973 was signed by him. This agreement was between the petitioner and Governor of Jammu and Kashmir, and quantity of government food grains to be transported under this agreement was about six thousand quintals. Rates for carriage of such stores were specified in the agreement. Petitioner admits having deposited Rs. 2000/ - as CDR pledged to respondent no. 2 and a personal security of Rs. 10.000/ - in terms of the above noted agreement was also execute him. It appears that since there was some deficiency in the delivery of foodgrains extrusted to the petitioner to be transported from Thathri to Gandoh during the relevant year, therefore, a notice for payment of Rs. 47,432,21 was served upon him. On the failure of the petitioner to comply with the same, proceedings were initiated under the Land Revenue and Land Revenue (Amended) Act, 1960. Certificate vide Annexure "A" dated 23.2.1969 was issued by the Deputy Commissioner, Food and Supplies, Jammu. Petitioner filed W. P. No. 227/77 and impugned this demand. This writ petition was dismissed and LPA filed by the appellant met the same fate.;

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