AI Structured Summary
Not yet generated for this judgment
Judgment
Ajay Rastogi
It is 2nd round of litigation assailing notice issued by respondents under Rajasthan Agriculture Credit Operation (Removal of Difficulties) Act, 1974 ("the Act, 1974").
Finally registered notice was served upon petitioner on 02/03/2010 for recovery of debts under the Act, 1974, which was challenged in CWP-3964/2011 but it came to be dismissed on the premise that the petitioner has alternative remedy available against notice impugned dt.02/03/2010, vide order dt.28/03/2011 (Ann.3) - against which petitioner preferred Special Appeal (Writ) No.458/2011 before Division Bench and that came to be dismissed vide order dt. 13/04/2011 (Ann.4) while observing that petitioner may make submissions before the appellate authority in view of S.13 of the Act, 1974. After the special appeal being dismissed, petitioner approached before SDO Anta (Barain and since petitioner failed to deposit the amount pursuant to the notice served under the Act, 1974, the SDO further proceeded to recover the debts which he has challenged in instant petition.
Counsel submits that objections submitted by petitioner has not been considered by the authority which has compelled him to approach this Court; and very notice dt. 02/03/2010 followed by notice dt.17/01/2011 pursuant to which action was initiated against petitioner was assailed before this Court in CWP-3964/2011, which came to be dismissed vide order dt.28/03/2011 ((supra); however, liberty was granted to file objections or take recourse under the Act, 1974.
Present order dt.27/09/2011 (Ann.6) impugned does not give fresh cause of action and it is nothing but an abuse of process of the Court. This Court finds no justification to entertain the instant petition.
Consequently, writ petition fails and is hereby dismissed.