JUDGEMENT
VEERENDR SINGH SIRADHANA, J. -
(1.) Aggrieved of the notice issued under Section 4 of the Rajasthan Public Demands Recovery Act, 1952 (for short, 'the Act of 1952'), dated 12th March, 2003 and the order dated 10th September, 2007 for recovery decreetal amount along with interest @18% under the Act of 1952, the petitioners have prayed for the following relief(s):
"(i) the order dated 10.9 2007 (Ex.8) passed by the respondent No.2 and the notice dated 12.3.2003 (Ex.4) may be declared to be illegal and set aside;
(ii) any other relief to which the petitioners are found entitled for may be granted to them;
(iii) the writ petition be allowed with costs."
(2.) Briefly, the skeletal material facts necessary for appreciation of the controversy are that the State-respondents instituted a civil suit, which was decreed in their favour against one Shri Ganesh Narain Podar (since deceased) for an amount of Rs. 7,17,81,702,.30 (Rupees Seven Crores seventeen lacs eighty one thousand seven hundred two and paisa thirty only). On the death of judgment debtor, notices were issued to the petitioners as the successors of deceased.
(3.) Learned counsel for the petitioners, Mr. R.C. Joshi, reiterating the pleaded facts and grounds of the writ application asserted that Shri Ganesh Narain Podar died on 7th November, 2005, and the respondent-State the decree-holder, instituted execution proceedings before the District Judge, Jaipur City, Jaipur on 23rd April, 2003. The proceedings were pending until institution of the present writ application. According to learned counsel no notices have been received by the petitioners of the execution proceedings. Late Shri Ganesh Narain Podar was the Chairman of Jaipur Spinning and Weaving Mills, Jaipur, and the decreetal amount is with reference to a guarantee extended by the State-respondents to Jaipur Spinning and weaving Mills. For the Mill was brought under liquidation, its entire assets and properties were taken over by the Official Liquidator. A Company Petition No. 10/1980, is still pending in the reference.;
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