1. The petitioner is seeking by way of this petition an appropriate writ to direct the respondent Nos.1 and 2 to recover the amount of Rs.29,040/- with interest from Rami Chinubhai Mulchand and Kasturji Goraji Vanjara as awarded by the Tribunal in M.A.C.P. No.499 of 1985 and Darkhast No.134 of 1989.
2. This Court on 2nd December, 1997, had passed the following order.
“1. Rule. Mr. DN Patel, learned counsel for the respondents No. 1 and 2 on instruction states that the Deputy Mamlatdar (Revenue), Idar on behalf of the respondent No.1 has recovered a sum of Rs.5,000/- from the son of respondent No.3 pursuant to the recovery certificate issued by the Tribunal and the son of the respondent No.3 stated before the Deputy Mamlatdar that he was making payment on behalf of respondent No.3. Mr. PN Bavishi, learned counsel appearing for respondent No.3 states that the amount has been recovered from the son of respondent No.3 by coercion and threat. Prima facie, the proceedings prepared by the Deputy Mamlatdar (Revenue) Idar indicate that the amount has been given by the son voluntarily on behalf of respondent No.3.
2. Having regard to the facts of the case, the respondent No.1 is directed to invest / deposit amount recovered as per the direction given by the Tribunal in the award. The respondent No.1 shall make attempts to recover the rest of the amount and on recovery of the amount, shall make necessary report to the Court".
3. It may be recorded that the learned AGP has drawn the attention of the Court that the award was carried before this Court in First Appeal No.1189 of 1992 and the said appeal has been dismissed by this Court vide order dated 11.7.2006.
4. Learned AGP has no instructions as to whether the amount is recovered or not. Whereas, Mr.Patel, learned counsel appearing for the petitioner states that as per the instructions received by him from his client, the amount is recovered by the District Collector. Under the circumstances, if the amount is already recovered, the same shall be paid to the petitioner in accordance with law after undergoing the necessary formalities. However, in the event, the amount is not recovered, the Collector, after considering the question of limitation, shall take appropriate steps.
5. The petition is disposed of in terms of the aforesaid direction, Rule made absolute to the aforesaid extent. No order as to costs.
(JAYANT PATEL, J.) (ashish)