Full Judgment
W.P.No.5040/2013 03/04/2013 Shri A.
S.Jha, learned Sr.Advocate with Shri Prasad, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned Government Advocate for the respondents/State on advance notice.
Grievance of the petitioner is that in pursuance to certain request made by Respondent No.3/Bank, Respondent No.2/ Tehsildar Sehore is proceeding to make recovery against the petitioner under the M.P.Lok Dhan Adhiniyam and in the said proceedings initiated by Respondent No.2, petitioner has raised various objections including a request for supplying details of account's statement to enable the petitioner to explain and give his say in the matter.
It is stated that without considering the objections raised by the petitioner and without hearing the petitioner, the attachment warrant has been issued.
Having heard Shri A.S.Jha, learned Sr.Advocate and Shri Rajesh Tiwari, I am of the considered view that if the petitioner has raised any objection or has made any request to the Tehsildar, the said officer is duty bound to consider the grievance of the petitioner and decide his objections and then only proceed with the recovery.
Without adverting to consider the request of the petitioner, in an ex-parte manner, the Tehsildar is proceeding with the matter, which is not sustainable.
In view of the above, without entering into the controveRs.on merit, it is directed that on the petitioner's filing a certified copy of this order along with relevant documents, particularly the objection, if any filed, and request made, Respondent No.2 shall consider all these objections and decide the same in accordance with law and then only proceed with the recovery.
With the aforesaid, the petition stands disposed of.
Certified Copy as per rules.
(Rajendra Menon) Judge nd