CSA 300/07 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.300/2007 Santosh Kumar Vs. District Collector, Baran and others Date Of Judgment :: 10th April, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. R.R. Baisla, for appellant. ........ By the Court :- This is plaintiff's second appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 13.2.2007 passed by Additional District Judge, Chhabara, District Baran in Civil Appeal No.05/2005 confirming the judgment and decree dated 15/9/2005 passed by Civil Judge (Senior Division) Chhabara, District Baran in Civil Suit No.26/1999 whereby the suit of the plaintiff for declaration and permanent injunction was dismissed. 2. Brief facts of the case are that the CSA 300/07 (2) appellant was authorized by District Supply Officer, Baran to supply wheat to the students of village gram panchayat Bahari and Mundla under the Rashtriya Poshahar Scheme. He was also directed to supply 3 kg. wheat every month for every student; that he supplied the food grains as per the terms and conditions laid down in the rules; that all the commodities supplied by him were always entered in the separate register and kept for that purpose village wise; that the information about supply and distribution was also given to the authorities; that on 27/2/1999 the appellant received a notice from the respondent no.2 District Supply Officer, Baran asking the appellant to appear before him and Tehsildar's office to submit information about the deposition of coupons so deposited by him and in default necessary action will be taken; that in compliance of that notice plaintiff appeared before the authorities and submitted that he deposited all the relevant record in the Panchayat Samiti, thereafter again he received notice CSA 300/07 (3) on 18/8/1999 asking him to deposit recoverable amount with the development officer, Panchayat Samiti Chhabara and this notice was without any opportunity of hearing, therefore, relief was sought for declaring the notices dated 27/2/1999 & 18/8/1999 as null and void. 3. The defendants in their reply stated that plaintiff made short supply of wheat which was apparent from the coupons deposited by him in the Panchayat Samiti, Chhabara and after detailed audit Rs.79918/- were recoverable from the plaintiff. 4. On the basis of the pleadings, the trial court framed the issues and after recording the evidence and hearing the parties dismissed the suit of the plaintiff which in turn was affirmed by the First Appellate Court. 5. Heard learned counsel for the appellant on the point of admission and perused the impugned judgments of both the courts below. 6. There is concurrent finding of fact CSA 300/07 (4) arrived at by both the courts below. No substantial question of law is found to be involved in this second appeal. I do not find any reason to interfere with the impugned judgment and decree and this appeal being devoid of any force is liable to be dismissed. 7. Consequently, this second appeal is hereby dismissed. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A. D39