ALGU Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution has been filed praying that the order dated 7.7.1998 passed by District Magistrate, Azamgarh for recovery of amount of Rs. 78.278.52 p. from the petitioner as arrears of land revenue be quashed. A further prayer has been made that the respondents may be restrained from taking any coercive measure to recover the amount from the petitioner.

(2.) The petitioner was President of Nagar Panchayat, Nizamabad. In the District of Azamgarh during the year 1992-93. The accounts of the Nagar Panchayat were audited by the Examiner, Local Funds Accounts. U. P. and an audit report was prepared. According to the said report, the petitioner was responsible for misappropriation and misutilisalion of a sum of Rs. 78,278.52 p. The District Magistrate by his order dated 10.7.1996. Issued a notice to the petitioner to show cause as to why the said amount may not be recovered from him. The petitioner himself did not give any reply to the notice. However, the then President of Nagar Panchayat, Nizamabad, namely, Smt. Madhuri gave a reply to the notice. Thereafter the District Magistrate. Azamgarh passed an order dated 7.7.1998 directing that the amount of Rs. 78.278.52. be recovered from the petitioner as arrears of land revenue. It is this order, which has been challenged in the present writ petition,

(3.) Sri Rakesh Pandey, learned counsel for the petitioner has submitted that the procedure followed by the respondents for recovery of the amount, is wholly illegal and the District Magistrate has no authority in law to recover the amount from an erstwhile President of the Nagar Panchayat on the basis of the report of Examiner, Local Funds Accounts, U. P. The stand taken in the counter-affidavit is that the amount could be recovered under the provisions of Public Accountants Defaults Act. 1850. However, during the course of arguments, learned standing counsel has submitted that in view of Section 81 of U. P. Municipalities Act, any loss, wastage or misapplication of the money or property of a Municipal Board can be recovered from the President, Vice-President and every member, officer and servant of the Municipal Board if the same has been caused as a direct consequence of his neglect or misconduct. He has further submitted that in view of Sub-section (2) of Section 81. such an amount can be recovered as arrears of land revenue.