CHETANSWAROOP Vs. COLLECTOR JHANSI DISTRICT JHANSI

JUDGEMENT

(1.) Petitioner entered into an agreement in 1968 with the Government of Maharashtra for making construction of Bagheda Tank Project in Taluka and District Bhandara (Maharashtra). For carrying out the work of construction, the petitioner hired Government machinery. In 1972 he abandoned the work. Under clause 3(b) of the agreement, the appropriate authority of Government of Maharashtra determined the following amount to be recovered from the petitioner:

(2.) Two counter affidavits, one by the Deputy Executive Engineer, Minor Irrigation Division, Bhandara (Maharashtra) and the other by Divisional Accountant in the office of the Minor Irrigation Division, Bhandara (Maharashtra) have been filed. Petitioner has filed rejoinder affidavit in reply thereto. He has also filed supplementary affidavit. We have heard learned counsel for the parties.

(3.) Learned counsel for the petitioner has advanced before us four submissions, namely, (i) the amount sought to be recovered is not recoverable as arrears of land revenue; (ii) provisions of Maharashtra Land Revenue Code 1966 (Maharashtra Act No. XLI of 1966 - hereinafter referred to as the Code) cannot be enforced in the State of U.P. by the officers of Maharashtra through the recovery certificate to the Collector, Jhansi; (iii) recovery certificate has been issued by the Executive Engineer, Minor Irrigation Division, Bhandara (Maharashtra) and not by the Collector and as such, the recovery in pursuance thereof cannot be enforced by the Collector, Jhansi in the State of U.P.; and (iv) the Executive Engineer, Minor Irrigation Division, Bhandara (Maharashtra) is neither competent to adjudicate upon the question relating to any breach of the contract, nor is he competent to assess damages/penalty for any such breach.