PRAVEEN KUMAR GUPTA Vs. DISTRICT MAGISTRATE/COLLECTOR ALLAHABAD

JUDGEMENT

(1.) HEARD Sri A.K. Misra, Counsel for the petitioner, Sri Anurag Khanna appearing for respondent No. 3 and learned Standing Counsel. By this writ petition the petitioner has prayed for a writ of mandamus directing the respondents not to arrest the petitioner in pursuance of the recovery proceedings initiated against him by Citation No. 072219, dated 30th October, 2002.

(2.) THE facts giving rise to this writ petition briefly stated are : Petitioner is one of the Directors of a Private Limited Company namely Allahabad Fertiliser Sales Private Limited. A loan of Rs. 73,00,000/ -was taken from the respondent No. 3 by the aforesaid Company. The Company failed to repay the loan as a consequence of which proceedings for recovery was initiated against the Directors. A citation dated 14th October, 1997 for an amount of Rs. 1,46,40,165.08 was issued against which Writ Petition No. 42659 of 1997 was filed. The writ petition was finally decided on 24th April, 1998 by which Directors were permitted to sell of its Company and its assets. However, the Directors were unable to sell the Company and repay the loan. Another citation dated 19.7.1999 for an amount of Rs. 1,87,32,191.30 was issued in pursuance of which petitioner was arrested by the Revenue Authority on 10th August, 1999 and was detained in custody till 25th October, 1999. Another citation dated 13.6.2001 was issued for an amount of Rs. 4,29,09,935,31. Petitioner filed Writ Petition No. 22948 of 2001 against the citation dated 13.6.2001 in which an interim order was passed by this Court on 20th June, 2001 staying the arrest of the petitioner till 10th September, 2001. It has been stated in Paragraph 12 of the writ petition that although the aforesaid wit petition is still pending but the same has become in fructuous as a fresh citation has been issued by the respondent on 30th October, 2002 being citation No. 072219 for an amount of Rs. 4,29,09,935.31. The said citation dated 30th October, 2002 has been challenged by the petitioner by means of this writ petition.

(3.) WE have heard Counsel for the parties and perused the record. From the facts brought on the record it is clear that the petitioner was earlier detained in civil prison from 10.8.1999 to 25.10.1999 for recovery of an amount of Rs. 1,87,32,191.00 in pursuance of the citation dated 19.7.1999. By the present writ petition petitioner is challenging the recover)' proceedings for realisation of an amount of Rs. 4,29,09,935.00 plus collection charges for which citation has been issued on 30th October, 2002. Thus, it is clear that the earlier citation dated 19th July, 1999 was for different arrears and the citation which has now been issued is for a very huge amount of Rs. 4,29,09.935.00. The Division Bench's judgment cited by the Counsel for the petitioner in Sangam lal Gupta v. Sales Tax Officer and others' case (supra) was pertaining to realisation of arrears of Sales Tax. The Division Bench in the aforesaid case had laid down that if a person has been detained in custody for maximum period of fifteen days, he cannot be arrested and detained again in recovery proceedings relating to the same arrears of land revenue. Following was held in the aforesaid case :