D.S. Mathur, J. - (1.) This is a petition under Article 226 of the Constitution of India by Kashi Nath Gupta for the issue of 'a writ of certiorari to quash the order dated July 30, 1956, of the Collector of Dehradun, respondent No. 1, directing the realisation of the amount by the arrest of the petitioner under Sec. 148 of the U.P. Land Revenue Act and to restrain him by means of a suitable writ from taking proceedings against the petitioner in respect of the loan advanced to Des Raj Bhatia.
(2.) The petitioner had originally concealed many material facts, but after the respondents filed their counter affidavits, and the petitioner rejoinder-affidavit, there is very little controversy on the facts of the case. The questions involved are thus questions of law, whether the contract by which the petitioner guaranteed the payment of the loan due from Des Raj Bhatia was still enforceable and if the amount could be recovered from him as arrears of land revenue.
(3.) The facts of the case are as below:-;