ILIYAS Vs. STATE OF U P

JUDGEMENT

(1.) THE present writ petition has been filed for quashing the recovery certificate dated 10-5-2004 (Annexure 5 to the writ petition ). Further issuing a writ in the nature of mandamus directing the respondents not to recover any amount in pursuance of the Recovery Certificate dated 10-5-2004.

(2.) ON 4-12-2006 on the request of the learned Counsel for the petitioner, the case was ordered to be listed in the next Cause list to enable the petitioner to withdraw the suit which was pending before the Civil Judge (Senior Division) Bulandshahar. Now a certified copy of the order has been produced before this Court showing that the suit has been withdrawn on 8-1-2007.

(3.) THE petitioner has placed reliance upon a Division Bench judgment of this Court reported in 2006 (9) ADJ 66 (All), Mohammad Umar v. Collector/district Magistrate, Moradabad & Ors. , and reliance has been placed upon paras 10, 12 to 14 and paras 15 and 17 of the said judgment and has submitted that the Division Bench of this Court has held that amount due towards the contract for realization of Tehbazari cannot be recovered as arrears of land revenue and there is no provision under the Municipalities Act or U. P. Town Area Act authorizing the respondents to realize theka money as arrears of land revenue, as such, the said amount cannot be recovered in the said manner and has held that in view of the aforesaid fact, the respondents have no authority to recover the amount due to the petitioner as arrears of land revenue.