MANOJ AGARWAL Vs. COLLECTOR

JUDGEMENT

(1.) M/s. Richa Telecom, a propriety firm of the Petitioner, entered into an agreement with M/s. ICICI Prudential Life Insurance Company Limited (hereinafter referred to as the 'ICICI Company') for providing telecom services. Pursuant to that, according to the Petitioner, he took a number of telephone connections from various telecom companies, including Bharat Sanchar Nigam Limited (BSNL), which were installed at various offices of the ICICI Company. There arose some disputes and differences between the Petitioner and the ICICI Company in respect of payment of bills, which have been referred to an Arbitrator.

(2.) According to the Petitioner, the telecom companies including BSNL Respondent No. 3, raised several bills for various telephone connections taken by the Petitioner at various locations across the Uttar Pradesh and Uttaranchal, and on 21.6.2010, Respondent No. 3 sent a recovery certificate to the Collector, Lucknow for recovery of a sum of Rs. 1,65,699/- towards arrears of telephone bills as arrears of land revenue. According to the Petitioner, Respondent No. 3 is a Company incorporated under the Companies Act, and dues of its telephone bills cannot be recovered as arrears of land revenue, as it has no authority to issue recovery certificate to the Collector, Lucknow for recovery of the amount as arrears of land revenue and, as such, the recovery certificate issued is null and void. The Petitioner is also aggrieved by recovery citation dated 6.9.2010 issued by the Tehsildar, Lucknow, for a sum of Rs. 1,65,699/- in pursuance of the said recovery certificate.

(3.) The principal contention urged on behalf of the Petitioner is that neither the Respondent No. 3 could have issued the recovery certificate nor could Respondents 1 and 2 issue the citation for recovery of dues of Respondent No. 3, as the agreement entered into between the Petitioner's firm and Respondent No. 3 is purely a contractual agreement. The recovery certificate purported to have been issued by Respondent No. 3 is under the provisions of the Revenue Recovery Act, 1890 (hereinafter referred to as the 'Act 1890'). Section 3 of the Act 1890 sets out that where an arrear of land revenue or a sum recoverable as an arrear of land revenue, is payable to a Collector by a defaulter being or having property in a district other than that in which the arrears accrued or the sum is payable, the Collector may send to the Collector of other district a certificate in the form as nearly as may be of the Schedule, setting out various particulars as set out therein. It would, thus, be clear that insofar as the provisions of the Act 1890 are concerned, the amount sought to be recovered must be an arrear of land revenue or a sum recoverable as an arrear of land revenue and payable to a Collector by a defaulter.