1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.7451/2006 (Bheru Lal Joshi Vs. Prescribed Authority & Anr.) Date of order : 25.01.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. K.S. Yadav, for the petitioner. Heard learned counsel for the petitioner. By way of filing the present writ petition, the petitioner has challenged the notice dated 8.8.2006 Annexure-P-2 issued by Dy. Collector, Girwa District Udaipur with regard to outstanding loan against the petitioner and the said loan was taken by him from UTI Bank. It is contended by the learned counsel for the petitioner that in pursuance of the said notice, he had appeared before the Dy. Collector and tried to file his objections but the said authority is not taking objection on record and straightaway it is asked to deposit the amount which is mentioned in notice Annexure-P-2. 2 In the pleadings it is nowhere stated as to when the petitioner or his counsel appeared before the respondent authority, who has issued the impugned notice and he has preferred this writ petition. This Court while issuing notice to the respondents on 01.08.2007 passed an interim order which reads as under :- “In the meanwhile and until further orders, if the petitioner deposits 50% of the total amount within a period of two months from today, the respondents shall not adopt any coercive method for recovery of the land in dispute” The aforesaid order was passed for depositing 50% of the amount but it is stated at Bar by learned counsel for the petitioner that the said amount is not deposited by the petitioner due to unavoidable circumstances though it is ordered by the Court. Further, it is contended that without determination of amount, notice has been issued by the Dy. Collector. In these circumstances, I am of the opinion that an opportunity was granted to the petitioner by way of issuing notice Annexure-P-2 that if he has any objections with regard to deposit the aforesaid amount then the same can be raised on the date when he is called. 3 It appears from the pleadings that the petitioner did not went to the said authority so also no objection was raised by him. It is obvious that an opportunity was given to the petitioner to raise his objections but he did not appear before the said authority. Thus, I deem it just and proper to direct that now the petitionrr may file his objections before the authority concerned in pursuance of the notice dated 8.8.2006 Annexure-P-2, if the recovery proceedings are still pending. Upon filing the objections, the authorities concerned may decide the same within two months. It is also made clear that the amount which was ordered to be deposited by the petitioner in pursuance of the order passed by this Court on 01.08.2007, may now be deposited by the petitioner within a period of one month. The aforesaid 50% amount shall be deposited by the petitioner before adjudication of his objections by the authority concerned. With the aforesaid directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun