UNION OF INDIA Vs. STATE OF U P

JUDGEMENT

(1.) The issue in controversy is undoubtedly alive inspite of the three Constitution Bench decisions of the Hon'ble Supreme Court In re, Sea Customs Act, AIR 1963 SC 1760, D. G. Gouse, AIR 1980 SC 217 and New Delhi Municipal Committee, AIR 1997 SC 2847 and the two other decisions of the Hon'ble Supreme Court in Union of India v. Purna Municipal Council and others, (1992) 1 SCC 100, followed in Ranchi Municipal Corporation v. State and others, C.A. No. 3646 of 1996, decided on 16.2.1996.

(2.) Jal Sansthan, Allahabad, having been created under the provisions of U. P. Water Supply and Sewerage Act, 1975 (for short the Water Supply Act) has issued a demand notice to the petitioner Union of India, Divisional Manager N. Rly., Allahabad and Divisional Superintending Engineer N. Rly., Allahabad, for a sum of Rs. 26,23,360.73p. as water and sewer charges. Since the demands were refused or at least not honoured by the petitioner, the Jal Sansthan have taken recourse to Section 64 of the Water Supply Act for getting the amount recovered through recovery certificate by getting the service of the revenue officials, upon which a citation has been issued against the petitioner seeking to realize by the modes available under the Recovery Laws for the said sum of Rs. 26,23,360.73 plus recovery charges at the rate of 10%.

(3.) The writ petition was filed against the aforesaid recovery proceedings in this Court under Article 226 of the Constitution of India on 19.2.2000 when this Court entertained the same, issued notice to the respondents calling counter-affidavit from them and in the meantime stayed the recovery proceedings in pursuance of the aforesaid R.C. and citation. Affidavits have been filed in reply by the Jal Sansthan as also by the petitioner in rejoinder-affidavit, and as prayed by the learned counsel for the parties, the writ petition is being disposed of on merits finally at the admission stage.