SCA/324920/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3249 of 2007 For Approval and Signature: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN HONOURABLE MR.JUSTICE AKIL KURESHI ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= CHILODA SEVA SAHAKARI MANDLI LTD. - Petitioner(s) Versus SUB POST MASTER & 2 - Respondent(s) ========================================= Appearance : MR DHARMESH V SHAH for Petitioner(s) : 1, MR KETAN A DAVE for Respondent(s) : 1 - 2. RULE SERVED for Respondent(s) : 3, ========================================= CORAM : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN and HONOURABLE MR.JUSTICE AKIL KURESHI Date : 05/12/2008 ORAL JUDGMENT SCA/324920/2007 2/4 JUDGMENT (Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) This Special Civil Application has been preferred seeking a writ of certiorari quashing the letter dated 23rd March 2006 by which the request of the petitioner to pay the maturity amount of Kisan Vikas Patras purchased by the petitioner was rejected. The petitioner also sought direction to the respondents to release the maturity amount of Kisasn Vikas Patraas with interest at the rate of 18 per cent and also for consequential reliefs. 2. When matter came up before learned single Judge, learned counsel for the petitioner placing reliance on a Division Bench decision of this Court in Devang Coooperative Housing Society Limited v. Sub Post Master, 2006(1) GLH (U.J.) 1, submitted that the ratio laid down therein is squarely applicable to the facts of the present case and therefore, the petitioner is entitled to get the maturity amount of Kisan Vikas Patras. Counsel appearing for the Department submitted that the principle laid down by the Apex Court in Post-Master, Dargamitta HPO, Nellor, vs. Raja Prameelamma, (1998) 9 SCC 706 was not considered by the Division Bench and therefore, the matter requires reconsideration. Reference was also made to another decision of the Apex Court in the case of Union of India and another v. Manik Lal Banerjee, (2006) 9 SCC 643. 3. In the circumstances, the learned single Judge placed the matter before Division Bench for authoritative pronouncement. 4. We have perused the judgment of the Apex Court in the case of Post-Master, Dargamitta HOP, v. Raja Prameelamma. In that case, the Apex Court was examining the correctness of the orders passed by the SCA/324920/2007 3/4 JUDGMENT District Forum and the State Commission functioning under the Consumer Protection Act 1986. The Apex Court was dealing with the issue of issuance of National Saving Certificate and the Court noticed that the certificate was issued contrary to the terms and conditions embodied in the contract. Primarily, the Apex Court was examining as to whether there was any deficiency in service in terms of section 21(1) (g) of the Consumer Protection Act, 1986. In the circumstances, the principle laid down by the Apex Court in the above-mentioned decision would not apply in the present case. 5. So far as the present case is concerned, the same is covered by the decision of the Division Bench in the case of Devang Cooperative Housing Society Limited. It is relevant to note that the said judgment rendered by the Division Bench was a subject matter of appeal preferred by the Department before the Apex Court being Petition for Special Leave to Appeal (Civil) CC 6662/2005. The Apex Court dismissed the said special leave petition. 6. In the circumstances, the judgment rendered by the Division Bench of this Court in Devang Cooperative Housing Society Limited has become final. That being so, the principle laid down by the Division Bench in the said case is squarely applicable to the present case. Further, it may also be noted that in identical situation, learned single Judge of this Court in Special Civil Application No.11574 of 2006 directed the Postal Department to disburse the entire amount of Kisan Vikas Patras and the said judgment was complied with by the Department without any demur. The order dated 28.7.2007 passed by the Department is produced by the petitioner whereby an amount of Rs.1,50,00,000/- and interest amount of Rs.17,50,000/- was paid by the Department. It was a case where Kisan Vikas Patras were purchased by Mahila Sewa Sahkari Bank Ltd. SCA/324920/2007 4/4 JUDGMENT 7. Learned counsel for the Department submitted that after amendment in the rules by notification dated 8th March 1995, a single holder type certificate may be issued only to an adult for himself or on behalf of a minor or to a trust and not to a cooperative society. We are of the view that since the postal department issued Kisan Vikas Patras to the petitioner cooperative society inspite of amendment effected by notification dated 8th March 1995, in the facts of the case, the petitioner is entitled to get the entire maturity amount especially when in similar situation the amounts were disbursed by the Department with interest. 8. In the circumstances, we are inclined to allow this petition and hold that the petitioner is entitled to receive the entire maturity amount. We accordingly allow this petition. We find that by an interim order passed by this Court, the maturity amount has already been deposited before this Court. The same shall be disbursed to the petitioner forthwith. Rule is made absolute accordingly. (K.S.RADHAKRISHNAN, C.J.) (AKIL KURESHI, J.) (vjn)