NAND KISHOR Vs. COLLECTOR DISTRICT MAGISTRATE

JUDGEMENT

(1.) We have heard Shri Madhur Prakash, learned Counsel for the Petitioner. Learned Standing Counsel appears for the Respondents. Shri Satendra Kumar Pandey appears for Nagar Palika Parishad, Rampur.

(2.) In these writ petitions the Petitioners have challenged the notices issued on 3.11.2009 and the recovery proceedings of the rent of the shops owned by Nagar Palika Parishad and allotted to the Petitioner, as arrears of land revenue. By an interim order dated 3.11.2009 the recovery proceedings in view of the judgment of this Court in Titu Singh v. District Magistrate/Collector, Mathura and Ors., 2003 5 AWC 3479, were stayed

(3.) The Respondents have not filed counter-affidavit. Learned Counsel for Nagar Palika Parishad prays for some more time to file counter-affidavit. Since the Petitioners have not disputed the amount, which is due from them and have only challenged the method of recovery of the amount as arrears of land revenue by issuing recovery certificate/ citation dated 14.9.2009 (as arrears of land revenue), we do not propose to adjourn the matter. We have heard the counsels appearing for the parties, on legal issues.