M/S. P.K. RUBBER INDUSTRIES AND OTHERS Vs. MANAGING DIRECTOR, U.P. SMALL INDUSTRIES CORPORATION LTD. AND ANOTHER

JUDGEMENT

(1.) HEARD Sri R.C. Shukla, learned counsel appearing for the petitioner, Sri Rajeev Mishra, holding brief of Sri A.K. Mishra, learned counsel appearing for the U.P. Small Industries Corporation Ltd., the respondent No. 1 and Sri A.K. Shukla, learned Standing Counsel representing the District Magistrate/Tehsildar, Kanpur, the respondent No. 2. No body appears for the respondent No. 3. On the strength of the recovery certificate dated 13th March, 1980, a copy whereof is Annexure '11' to the petition, issued by the respondent No. 1 under Section 3 of the U.P. Public Moneys (Recovery of Dues) Act, 1972, hereinafter called the 'Recovery Act' a sum of Rs. 5,78,000/ - is being recovered from the petitioners as arrears of land revenue. The petitioners question this recovery in this petition under Article 226 of the Constitution of India.

(2.) UNDISPUTED facts as they emerge from the pleadings of the parties and documents field in support thereof are these:

(3.) IT would be opposite to notice at this stage that alongwith their application, the petitioners had submitted a declaration, a photo copy whereof is available on record as Annexure 'C.A. -4' to the counter affidavit. Clauses 3 and 7 which are material for the purpose of adjudication of the controversy are reproduced below: