AIR 1984 PATNA 303 ::1984 BLT (Rep) 203 ::1984 BBCJ 577 ::(1984) Pat LJR 509

Patna High Court

Hon'ble Judge(s): S. S. Sandhawalia , C.J. AND S. K. Choudhari, P. S. Sahay , JJ

Bihar Money Lenders Act (22 of 1975) , S.2(a), S.2(b), S.12— Bihar Money Lenders Rules (1977) , R.9, R.10— Redemption of usufructuary mortgages under S.12 - Forum for exercise of jurisdictions - Anchal Adhikari has no jurisdiction. Under the Act read with the Rules and the Notification issued under S.2 (b) the prescribed forum for the exercise of jurisdiction for redemption of usufructuary mortgages under S.12 would be the Collector (including an Additional Collector or an Additional Deputy Commissioner) and the Land Reforms Deputy Collector exercising such a power by virtue of the notification dated 27-9-1975 issued by the State Government. The very inception of the proceedings before the Ancnal Adhikari and its subsequent forwarding to the Land Reforms Deputy Collector for approval are wholly without the sanction of law and devoid of jurisdiction.(Para 6 7) Section 12 nor any other provision of the Act itself prescribes the forum for the exercise of jurisdiction. The answer to the question has, therefore, to be sought in the Bihar Money Lenders Rules, 1977 framed by virtue of S.47 of the Act. Chapter IV of the said Rules containing Rr.9 and 10 therein in express terms provides the procedure as also the forum in which an application for ejectment of the mortgagee has to be filed, namely, the Collector, and....