SAJJAN LAL SHAH Vs. COLLECTOR ALMORA

JUDGEMENT

(1.) PALOK Basu, J. Sajjan Lal Shah has filed this writ petition under Article 226 of the Constitution of India with the prayer that a writ of certiorari should issue quash ing two Recovery Certificates, on dated 7. 9. 1992 for recovery of a sum of Rs. 79,152/- and the other dated 4. 7. 1992 for recovery of Rs. 12,838/- issued by the Executive En gineer, Construction Division, P. W. D. , Al mora.

(2.) THE petitioner admittedly was granted contracts by the Public Works Department (P. W. D.) for making certain constructions, the tender cost of which was Rs. 46,909/- and estimated cost was Rs. 47,141/ -. THE conditions which were to govern the construction were specifically noted in State Government D. O. letter dated 9. 3. 1972. A copy of the conditions of contracts has been attached as Annexure-2 to the writ petition. According to the petitioner's claim he had completed some work and the demand raised by the respon dents is wholly illegal. It is contended that as per the terms of the agreement the best that can be said for the present is that they can go in arbitration or filed a suit for recovery of any amount or for deciding the dispute about payment claimed. THE argument is that the provisions of U. P. Public Moneys (Recovery of Dues) Act, 1972 shall not be attracted to the facts of the present case.

(3.) SRI Ashok Bhushan, learned Coun sel for the petitioner drew the attention of the Court to the entire proforma agreement which does not have any clause by which the parties may have agreed to permit the State Government to recover amount as arrears of land revenue. The point for considera tion, therefore, is whether Section 3 (1) (d) can be invoked by the State Government is order to issue the aforesaid recovery certifi cates to realise so called contractual money from the petitioner as arrears of land revenue or that the State Government shall have to take recourse to common law remedy of filling a suit or proceed under the Arbitration Act as envisaged under the agreement.