RADHA KRISHNA Vs. U P STATE

JUDGEMENT

(1.) (for self and for Prem Prakash, J.) :-The petitioner had taken a lease regarding the toll of public ferry known as Kusum Khor Ghat over the Ganga river. The lease was in respect of the period from 1st October, 1971 to 30th September, 1974. The lease had been executed in terms of Section 8 of the Northern India Ferries Act, 1878. The petitioner did not pay the amount of lease money and accordingly a demand was made from the petitioner and a notice was served upon him to the effect that, unless the petitioner showed cause, the same shall be recovered as arrears of land revenue. The amount claimed was Rs. 54,000/- and odd. The petitioner did not appear to show cause but filed the present writ petition challenging the right of the State Government and the Zila Parishad to recover the amount as arrears of land revenue.

(2.) ALTHOUGH some other grounds were also taken, at the hearing learned counsel pressed only one ground, viz., that the amount was not recoverable as arrears of land revenue. The contention of the learned counsel is that as the management of the ferry, by virtue of Section 7A of the Northern India Ferries Act, vested in the Zila Parishad, Fatehgarh, the amount could be recovered only under Chapter VIII of the Kshettra Samitis and Zila Parishads Adhiniyam and not under Section 9 of the Northern India Ferries Act which provides for recovery of the amount as arrears of land revenue.

(3.) SECTION 9 specifically provides for recovery of all arrears due against a lessee of the tolls of a public ferry on account of the lease. The amount is admittedly of such a character. The recovery proceedings, which are being taken by the Tahsildar, will thus be within his jurisdiction as conferred on him by SECTION 9 of the Northern India Ferries Act read with SECTION 280 of the U. P. Zamindari Abolition and Land Reforms Act. No other error in procedure has been pointed out. The recovery proceedings cannot, therefore, be quashed.