(1.) -Heard learned counsel for the petitioner and learned standing counsel.
(2.) THE question of quite considerable importance that arises in this case is as to whether non-payment of any debt due, personal liberty of the debtor can be curtailed and he be put behind the prison. THE petitioner had incurred loan from Punjab National Bank, Branch Nanda Nagar (Rajahi), district Gorakhpur and was in arrear of Rs. 94,937. A recovery certificate was sent to the Tahsildar, Gorakhpur, for realisation as arrear of land revenue under the U. P. Zamindari Abolition and Land Reforms Act. THE petitioner's case is that neither he was noticed nor he was given breathing time to discharge his liability by making payment of the amount as claimed. He was all of a sudden arrested in the morning of 8.5.2003 and sent behind the prison. On the same day, his father some how could arrange Rs. 34,100 and deposited with the Tehsildar Sadar, Gorakhpur and asked for a copy of the citation, but his prayer was turned down. It is urged, financial condition of the petitioner does not permit him to pay the remaining amount in lump sum and therefore, easy monthly instalments may be fixed so as to enable him to clear up the debt.
(3.) SECTION 279 of the Act prescribes following procedures for recovery of arrears of land revenue :