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SMT.SANTOSH DEVI v STATE & ORS - CW Case No. 1367 of 2004  RD-RJ 5581 (23 November 2007)
S.B. CIVIL WRIT PETITION No. 1367/2004.
(Smt. Santosh Devi Vs. State of Rajasthan & ors.)
DATE OF ORDER : 23.11.2007.
HON'BLE DR.JUSTICE VINEET KOTHARI
Mr. Mahesh Bora, for the petitioner.
Mr. OP Boob, Addl.G.A., for respondents. 1. Heard the learned counsel for the parties. 2. This petition is directed against the recovery made against the petitioner under the Rajasthan Public Debt
Recovery Act, 1952 of a penalty of Rs. 1,10,653/- @ 2% of the gross value of the works contract which was awarded to the husband of the petitioner way back in the year 1994-95 by the
Rajasthan Agricultural Marketing Board, Sikar, but work was not undertaken. 3. The work was never started by the petitioner for unavoidable reasons and later on, it appears from the averments made in the writ petition that the said person Ram
Shankar Sharma, husband of the present petitioner Smt.
Santosh Devi renounced this world and became a Saint. 4. Admittedly, there is no order on record determining the said amount of penalty by a competent 2/2 authority of the Rajasthan Agricultural Marketing Board before a certificate of recovery was issued to the Collector for recovery under the PDR Act. 4. This Court is of the clear opinion that without an order determining such amount liable to be recovered from the petitioner after affording reasonable opportunity to him, no such certificate of recovery could be straightway issued to the
Collector for recovery under the PDR Act. 5. Consequently, this writ petition is allowed and the recovery certificates and orders passed by the authorities under the P.D.R. Act dated 11.8.2003 is quashed and the auction notice Annex.1 dated 31.1.2004 is also liable to be quashed and therefore, the same is also quashed. 6. The writ petition is accordingly allowed. No order as to costs.
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