MANOHAR LAL Vs. STATE GOVERNMENT OF U P

JUDGEMENT

(1.) MANOHAR Lal, petitioner challenges the impugned order dated 4-7-1981 passed by Board of Revenue returning the revision on the ground of jurisdiction and directing the revision to be laid before the Board of Revenue, Lucknow as the same relates to the realisation of arrears of land revenue, by means of the present writ petition.

(2.) THE point arises for consideration in the present case is as to whether a revision arising out of realization of arrears of land revenue in accordance with the provisions of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as 'the ZA and LR Act'), and Rules framed thereunder will lie under the provisions of ZA and LR Act, or under the Land Revenue Act.

(3.) SRI Sashi Nandan, learned counsel for the petitioner drew my attention to the provisions of U. P. Z. A. and L. R. Act and the Land Revenue Act. He also strenuously argued on the merits of the case by contending that since the Department had accepted part payment from the petitioner, it was estopped from auctioning the property in question which could not be done without issuing fresh notice and proclamation. The negotiation between the Department and the auction-purchaser was held under the thick veil of secrecy and everything happened after the auction was over. He further urged that recovery of arrears as laud revenue is regulated by Section 279 of the UA ZA and LR Act and Rules 281 to 285 of the Rules framed thereunder. Rule 285-E is analogous to order XXI Rule 85 CPC. The view of the Board of Revenue that since the dispute arises out of recovery of amount as arrears of land revenue, the provisions of Land Revenue Act will be applicable, is erroneous in law.