DEEWAN CHAND Vs. STATE OF U P

JUDGEMENT

(1.) AN auction for the grant of leases in respect of certain lots was held in 1967 by the Forest Department. The petitioner purchased two lots Nos. 39 and 55. Lot No. 39 consisted of 202 acres of land and Lot No. 55 consisted of 125 acres of land. The auction in favour of the petitioner was confirmed on July 12, 1967. Thereafter there was some dispute between the parties and, ultimately, the lease in respect of Lot No. 55 was can celled on October 7, 1968, and the lease in respect of Lot No. 39 was cancelled on October 28, 1968. Subsequently, the lots were reauctioned but they fetched a much lower price than that which the petitioner had agreed to pay. The Forest Department called upon the petitioner to pay a sum of Rs. 1, 72, 423/-, being the difference between the amount agreed to be paid by the petitioner and the amount which the lots fetched at the re-auction after giving credit for the payments al ready made by the petitioner. The peti tioner not having paid this amount, a certificate was issued to the Tahsildar to recover the amount as arrears of land revenue. It is these recovery proceed ings which have been challenged by the petitioner.

(2.) THE contention of the peti tioner is that the sum of Rs. 1, 72, 423/-, which is sought to be recovered as arrears of land revenue, is an amount claimed by the Government by way of damages which cannot legally be re covered as arrears of land revenue. There is considerable force in this argu ment. Section 82 of the Indian Forest Act, 1927, provides for the recovery of money due to Government under the Act in the following terms:-

(3.) THE writ petition is according ly allowed and the recovery proceedings against the petitioner are quashed. The respondents are restrained from recover ing the sum of Rs. 1, 72, 423/- from the petitioner as arrears of land revenue. The petitioner is entitled to his costs of this petition from the respondents. Petition allowed.