LAWS(ALL)-2020-2-23

PARAS NATH SINGH Vs. STATE OF U.P.

Decided On February 07, 2020
PARAS NATH SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri W.H. Khan, learned Senior Advocate assisted by Sri Javed Hasain Khan, for the petitioner, learned Standing Counsel for State-respondents and Sri Vinod Kumar Chandel, for respondent nos. 2 and 3.

(2.) By means of the present writ petition, the petitioner is challenging the recovery certificate dated 24.8.2019 issued by Upper Mukha Adhikari, Zila Panchayat, Sonebhadra as well as recovery citation dated 0.1.2019 issued by Tehsildar Chunar, District Mirzapur, on the ground that there is no provision under UP Kshetra Samiti and Zila Panchayat Adhiniyam, 1961, to recover the contractual amount as arrears of land revenue.

(3.) Brief facts of the case is that in pursuance of the Advertisement dated 4.7.2015 issued by Adhyaksh and Upper Mukhya Adhikari, Zila Panchayat Sonebhadra and published in daily ''Aaj' dated 7.7.2015 for awarding contract of realizing Parivahan Shulk for the year 2015-16, the petitioner submitted his tender and was a successful bidder of the price of Rs. 8 crores. In pursuance thereof an agreement was executed on 20.7.2015 between the petitioner and Zila Panchayat, Sonebhadra.