Full Judgment
WRIT PETITION No.13586/201”
31. 08.2012 Shri Ravendra Shukla, learned Counsel for the petitioner.
Shri Yogesh Dhande, learned Deputy Govt.
Advocate, for the respondents-State.
The only grievance of the petitioner is that a Revenue Recovery Certificate has been issued by the competent authority for recovery of the claims of the petitioner from the respondent No.2 and the said revenue recovery proceedings are pending consideration before the Collector, Rewa for a long period.
Though there is no stay or any other restraint to execute the Revenue Recovery Certificate but a long period has lapsed and still the recovery has not been made.
The representation to this effect was made but as nothing was done by the respondent No.3, the writ petition is required to be filed.
This Court has observed in many of the cases that in case Revenue Recovery Certificate is issued by the competent Labour Court or other authorities, it is the responsibility of the recovering authority to make the recovery of the amount from the concerned and to pay the same to the claimants.
In case it is not done, prescription of such a procedure of making the recovery would be frustrated.
In view of the aforesaid, this writ petition is disposed of with a direction to respondent No.3 to make the recovery of the amount of Revenue Recovery Certificate and to pay the same to the petitioner within a WRIT PETITION No.13586/2012 2 period of two months from the date of receipt of certified copy of the order passed today.
With the aforesaid, the writ petition is finally disposed of.
Certified copy as per rules.
(K.K.Trivedi) Judge Skc