STATE OF J&K Vs. AAR BEE OIL MILLS

JUDGEMENT

(1.) This bunch of Letters Patent Appeals is directed against the judgment of a Single Judge of this Court dated July 8,1988, striking down Sec. 91 (s) of the Jammu and Kashmir Land Revenue Act as ultra vires and in consequence thereof quashing the recovery proceedings initiated against the respondents. Since a common question of law has determined the fate of the writ petitions filed by the respondents, we propose to dispose of these appeals by this judgment, which shall also be common to all the cases before us.

(2.) The facts relevant to the determination of these appeals are few and may be immediately stated :

(3.) The respondents in these appeals are borrowers and guarantors of different types and amounts of loans obtained by them under different schemes framed and promulgated by the Government for helping and promoting different trades and industries including agricultural and horticulture activities. It was admitted before us that the loans advanced to the respondents fall in one or the other category mentioned in Sec. 91(s) (supra) and the explanation thereto. It has, not therefore, been disputed that if the challenge to the vires of the provisions fails, the amounts outstanding against the respondents would be recoverable as arrears of Land Revenue.