JUDGMENT
Subhro Kamal Mukherjee, J.
1. This is a revisional application under Article 227 of the Constitution of India, in substance, for a direction on the learned District Judge at Alipore, South 24 Parganas, to release the money lying deposited with him in connection with Original Suit No. 53 of 1944, in favour of the heirs and legal representatives of S.K. Ghosh, since deceased.
2. S.K. Ghosh, since deceased, was a member of the Indian Civil Service. While he was posted as Chief Refugee Administrator of the Burma Refugee Organisation, he was suspended for alleged embezzlement of the funds of the State in his official capacity and a proceeding under the Criminal Law Amended Ordinance, 1944 was started, inter alia, on the allegation that his assets exceeded his income. All his assets were attached and a Receiver was appointed in respect of his properties.
3. Ultimately, the matter went to the Supreme Court of India. The Supreme Court of India, inter alia, directed that an amount of Rs. 30 lakh would be forfeited by the Union Government for committing offence as per the ordinance from the properties late S.K. Ghosh and a sum of Rs. 45 lakh would be realised by the State Government as fine from the properties of late S.K. Ghosh.
4. I am given to understand by Mr. Sudhis Dasgupta, learned senior advocate, appealing for the petitioners, that the said sum of Rs. 75 lakh has been realised by the Union Government and the State Government.
5. Mr. Ansunath Banerjee, learned advocate, appearing for the State of West Bengal, accepts such submissions of Mr. Dasgupta.
6. As a receiver was appointed in respect of the assets of late S.K. Ghosh, a prayer was made before the learned District Judge for permission to sale certain items of the properties, particularly, a part of the properties situate at Hanspukur Garden, Behala and 2, Roy Street, Kolkata. Such prayer was allowed by the learned District Judge.
7. I am informed that the sale proceeds of the aforementioned properties are lying deposited with the learned District Judge at Alipore.
8. The heirs and legal representatives of late S.K. Ghosh moved before the learned District Judge for release of the amount deposited with him according to their shares. The learned District Judge insisted upon them for production of requisite succession certificates.
9. The order insisting upon production of succession certificates is wholly misplaced. Succession certificate under Section 370 of the Indian Succession Act, 1925 can only be granted in respect of debts and securities and not for any other kind of property.
10. In the New Shorter Oxford English Dictionary the word ‘debt’ is defined as something owed or due; something (as money, goods, or service), which one person is under an obligation to pay or render to another; a liability or obligation to pay or render something; the condition of being so liable or obligated.
11. In Black’s Law Dictionary the word ‘debt’ is defined as a sum of money due by certain and express agreement. A specified sum of money owing to one person from another, including not only obligation of debtor to pay, but right of creditor to receive and enforce payment.
12. The petitioners are natural heirs of late S.K. Ghosh, they have inherited the estate of late S.K. Ghosh and, therefore, they are entitled to receive the sale proceeds of the aforementioned properties subject to the direction of the Supreme Court of India, as above. When payments have been made to the Union Government and the State Government, there cannot be any justifiable reason to deny payments to the heirs and legal representative of late S.K. Ghosh.
13. The properties of late S.K. Ghosh have been sold and the sale proceeds have been deposited in the Court of the learned District Judge. The Court is not, a debtor nor the heirs and legal representatives of late S.K. Ghosh can be termed as creditors in respect of such deposit.
14. In the facts and circumstances of the case, I set aside the order passed by the learned District Judge and direct the learned District Judge to release the balance sale proceeds and the interest accrued thereon by account payee cheque issued in favour of the present petitioners, according to their respective shares, as early as possible, preferably within two months from the date of communication of this order to him.
With the aforesaid direction, the revisional application is disposed of.
There will be no order as to costs.
Xerox certified copy of this order, if applied for. will be made available to the applicant within a week from the date of putting in the requisites.