Skip to content


Kr. Chitraketu Singh Vs. State of U.P. and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberSpecial Appeal No. 60 of 1970
Judge
Reported inAIR1973All405
ActsArmy Act, 1950 - Sections 29; Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952 - Rule 249
AppellantKr. Chitraketu Singh
RespondentState of U.P. and ors.
Appellant AdvocateUmesh Chandra Srivastava, Adv.
Respondent AdvocateChief Standing Counsel
DispositionAppeal allowed
Excerpt:
civil - immunity from arrest - section 29 of army act, 1950 and rule 249 of u.p. zamindari abolition and land reforms rules,1952 - person holding the honorary rank of 2nd lieutenant in the regular army - entitled to immunity from arrest for debt - till he serves the army in that capacity - immunity not available - from recovery of dues towards land revenue. - .....fact were in issue.2. the material facts of the case are that honorary rank of 2nd lieutenant in regular army was conferred on the appellant under the order of the president of india dated 6-3-56 annexure 1 to the writ petition. certain dues towards land revenue and taqavi etc., were due from him and the state government took steps to realise them as arrears of land revenue. not only were steps taken to attach his property but warrant was also issued for his arrest. it was then that he moved the present writ petition asking for the quashing of the warrant of arrest on the ground that he was entitled to the benefit of section 29 of the army act read with rule 249 of u.p. zamindari abolition and land reforms rules.3. rule 249 exempts the members of the defence forces from arrest for.....
Judgment:

D.S. Mathur, J.

1. This is an appeal by Kr. Chitraketu Singh, against the order of the learned single Judge dismissing his writ petition and directing him to seek alternative remedy because certain disputed questions of fact were in issue.

2. The material facts of the case are that honorary rank of 2nd Lieutenant in regular army was conferred on the appellant under the order of the President of India dated 6-3-56 Annexure 1 to the writ petition. Certain dues towards Land Revenue and Taqavi etc., were due from him and the State Government took steps to realise them as arrears of land revenue. Not only were steps taken to attach his property but warrant was also issued for his arrest. It was then that he moved the present writ petition asking for the quashing of the warrant of arrest on the ground that he was entitled to the benefit of Section 29 of the Army Act read with Rule 249 of U.P. Zamindari Abolition and Land Reforms Rules.

3. Rule 249 exempts the members of the Defence Forces from arrest for debt. This Rule was framed on the basis of Article 181 of the Indian Articles of War (Section 73, Act XII of 1894). Even though that Army Act has been repealed there is Section 29 in the Army Act. 1950 granting immunity from arrest for debt to persons subject to the Army Act for so long as they belong to the Forces. Persons subject to the Act ere detailed in Section 2(1) of the Army Act, 1950. They include officers of the regular army. The term'Forces' is defined as the regular army. Consequently, the appellant is entitled to the protection of Section 29 of the Army Act, 1950 for so long as he is an officer of the regular army and in that capacity belongs to the Forces i.e., the regular army.

4. Nothing has been brought to our notice which may show that the President's order appointing the petitioner to the honorary rank of 2nd Lieutenant in the regular army has been withdrawn. As he holds the rank of 2nd Lieutenant and is attached to 9th Jat Regiment, and also because he is entitled to all the privileges of such 2nd Lieutenant he is entitled to immunity from arrest as laid down in Section 29 of the Army Act, 1950.

5. Even though certain facts were in dispute but, in substance, there was no dispute on facts and the only point for consideration was whether the petitioner was entitled to the benefit of Section 29 of the Army Act. Such a point can easily be decided in a writ petition which we ourselves are doing.

6. The Special Appeal is hereby allowed. It is further ordered that for so long as the appellant. Kr. Chitraketu Singh, holds the honorary rank of 2nd Lieutenant in the regular army as per Annexure 1 to the writ petition, he cannot be arrested for debt as laid down in Section 29 of the Army Act, 1950. Other steps for the recovery of the dues can be taken. The immunity is from arrest only and not from recovery of the dues. Costs shall be easy.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //