Jaswant Raj vs State of Rajasthan and Others

Hon''ble Dr. Justice Vineet Kothari

The petitioner Jaswant Raj Lodha S/O Sanwant Raj Lodha has filed the present writ petition praying therein that the learned SDO,Jodhpur cannot proceed to recover the amount of compensation as awarded by the Workmen Compensation Commissioner as land revenue amounting to Rs.1,80,381/- which was awarded sum by the Workmen Compensation Commissioner by award dtd.30.5.2007 in case No.11/2004 - Govind Ram V/s Jugal Lodha S/O Sanwant Raj Lodha.

The case of the petitioner is that the petitioner, Jaswant Raj S/O Sanwant Raj Lodha has different business firm known as M/s S.R. Lodha Industries, which factory premises cannot be attached to recover the said land revenue/amount of compensation which were dues against one Jugal Logal S/O Sanwant Raj Lodha, in whose employment, the accident in question is said to have taken place. The learned counsel for the petitioner, Mr. Vijay Mehta, therefore, urged that his objection raised before the learned SDO vide Annex.10 dtd.31.12.2009 in this regard deserved to be decided before his factory is seized and attached for realization of aforesaid dues against another person, namely, Jugal Lodha, even though he may be his brother.

On the other hand Mr. Jitendra Gehlot, learned counsel for the workman submitted that the writ petition involves disputed questions of facts, which cannot be decided in writ jurisdiction. He also drew the attention of the Court towards order-sheet of the Tribunal Annex.3 in which the name of Jaswant alias Jugal Lodha S/O Sanwant Raj Lodha is mentioned. He, therefore, submitted that the two are the names of same persons who are sons of one Sanwant Raj Lodha and initially in the claim petition, Sanwant Raj Lodha was impleaded as respondent. He further submitted that the petitioner has alternative remedy in the matter u/s 23A of the PDR Act and the petitioner can approach the Revenue Appellate Authority against the impugned order of the SDO, if any.

Having heard the learned counsels, this Court is of the opinion that the concerned SDO, Jodhpur before whom the objections have been filed by the present petitioner seeking determination of identity of the person concerned with the judgment debtor before the said authority, who is the competent authority under the PDR Act, should decide such objections first before the amount of compensation is sought to be recovered from him as land revenue in accordance with PDR Act. Unless identity of the petitioner is established or the fact that these are only the two names of same person is established, said compensation cannot be recovered from the present petitioner even though he may be real brother of the employer concerned, namely, Jugal Lodha. Merely writing of Jaswant alias Jugal Lodha S/O Sanwant Raj in one of the order-sheet entries, which is typed copy produced before this Court and not even certified copy of the court concerned, it cannot be taken as gospel truth that both are the names of same person. Therefore, the objections filed by the present petitioner deserve to be decided by the said authority, SDO, Jodhpur.

Accordingly, this writ petition is disposed of with a direction to the respondent No.3 - SDO, Jodhpur to decide such objections of the present petitioner in accordance with law within a period of 3 months from today. No order as to costs.