| HC imposes costs of Rs 30,000 on AH Director | | Registrar Judicial directed to frame robkar if he fails to deposit costs | | Early Times Report
Jammu, Aug 4: In a petition filed by director of Animal Husbandry Deptt against the order of trial court whereby it had seized his account, high court judge Tashi Rabstan observed that a welfare state was expected from him to mitigate the sufferings of his own people, rather to add to their woes.
The court dismissed his petition. "In the present case, I would like to express the plight of original plaintiff as well as respondents 1 to 5.
The suit amount relates to the period between August 11, 2000 to February 17, 2001. When plaintiff Surinder Kumar failed to get his due amount despite issuance of notice, he filed a civil suit before the trial Court on August 11, 2006, wherein defendant No 4 while admitting the claim of plaintiff stated that his claim has already been forwarded to the government through the petitioner. However, during the pendency of suit, the plaintiff died on November 7, 2008 and his legal heirs, respondents 1 to 5, were brought on record," Justice Rabstan said.
Ultimately, the suit came to be decreed in favour of plaintiffs on April 15, 2011. "Now, it is July 2016 and still respondents 1 to 5 have been hankering for getting their genuine petty amount for the last about 16 years only because of laxity and non-serious approach of defendants in the original suit despite the claim being admitted by them, that too when the plaintiff was allowed to file the suit as an indigent person with 40 pc disability," he added.
In the given circumstances, the petitioner was burdened with costs of Rs 30,000 to be deposited by in the registry of this court within one month from today. On deposit, the same shall be released in favour of respondent No 1 after proper verification and identification. "In case the petitioner fails to deposit the costs within the aforesaid period, Registrar (Judicial) is directed to frame a separate robkar against the petitioner and after issuing him a notice," Justice Rabstan directed.
The facts in short, as borne out from the writ record, are that Surinder Kumar (now dead) was a milk carriage contractor of vooperative milk federation, Satwari, during the period between August 11, 2000 to February 17, 2001 as he had deployed his vehicle for transportation of milk from Jourian to Satwari at the rate of Rs 2 per litre.
Before his milk carriage bills of Rs 62,662 could be released by the cooperative milk federation, it came to be wound up.
He kept on approaching the director animal husbandry, Jammu, for release of the said amount along with Rs 22,203 of security money, but with no result.
The court had passed a decree for an amount of Rs 84,865 in favour of the plaintiffs and against the defendants in the suit with interest pendentelite at the rate of 9 pc per annum from the date of institution of the suit till passing of the decree with future interest at the rate of 6 pc from the date of decree till realisation of the decretal amount along with costs. (JNF) |
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