State Govt challenges DRT order in High Court | india | Hindustan Times
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State Govt challenges DRT order in High Court

india Updated: Oct 12, 2006 19:09 IST

THE STATE Government on Wednesday filed a writ petition in Indore bench of Madhya Pradesh High Court through the District Collector against Debt Recovery Tribunal (DRT), Jabalpur, praying that its order of mortgaging 10 acres of expensive land that was once leased to Cancer Care Trust at Pigdamber, near Rau, be quashed. Other respondents in the case are Cancer Care Trust, Bank of Baroda and Raman Foundation.

Challenging the DRT order, the writ maintained that the Tribunal had no jurisdiction to order mortgaging of government property without having received the latter’s permission. The petitioner also said that DRT, being a quasi-judicial body, had no right to order mutation to district administration in the case nor did it have powers to initiate contempt proceedings against the administration.

The Tribunal recovery officer issued a notice to District Collector recently stating that the administration should transfer the land to Raman Foundation, failing which it should be ready to face contempt.

The petitioner maintained that only the Tehsildar under Sections 109, 110 of MP Land Revenue Code has these powers and not the Tribunal, which is not a full-fledged court.

In April 2006, the Tribunal had ordered to mortgage the land of Cancer Care Trust to recover the money it had to pay to Bank of Baroda from which it had taken a loan to promote the Trust’s activities of serving poor cancer patients. The Administration had cancelled the land lease and had charged the Trust with breaching lease clauses.