MOHD NASIM Vs. STATE OF U P

JUDGEMENT

(1.) SRI Sharad Madhyan, learned Counsel for petitioner and learned Standing Counsel for the respon dents. They are heard.

(2.) THE short question involved in this petition for determination by this Court is whether a defaulter who has been detained in custody for a period of 15 days in respect of any arrear recoverable ar arrears of land revenue, can be arrested and detained again in a recovery proceeding relating to the same arrear.

(3.) THE controversy in dispute has been set at rest by a Division Bench of this Court in Sangam Lai Gupta v. Sales Tax Officer and others, 1969 ALJ 257, wherein taking into account the relevant provisions of the Act and Rules and other allied provisions, it has been held that the period of fifteen days prescribed by Sec tion 148 of the Act is the maximum period for which a defaulter may be detained in custody in respect of any arrear. If he has been detained in custody for that period he cannot be arrested and detained again in a recovery proceeding relating to the same arrear of land revenue. However the ar rears can be recovered through other process other than arrest and detention.