BHEEM THAKUR Vs. DISTRICT BOARD BALLIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against coercive measures, which are being taken against the petitioner in order to realise certain dues from him.

(2.) According to the petitioner's affidavit, five public ferries play on river Ganga between districts Ballia & Shahabad. These public ferries are under the management of District Board, Ballia, which is opposite party No. (1) in this writ petition. The tolls of these ferries were put to auction. The highest bid in the auction was by the petitioner. The tolls were knocked down in favour of the petitioner for a sum of Rs. 50,100. The petitioner acquired the right to ply the ferries for a period of one year from 1-10-1956 to 30-9-1957. A quarter of the auction money was to be paid down by the petitioner forthwith. The balance of the lease money was payable in monthly instalments during the course of the year of the lease. The petitioner entered into possession of the ferries with effect from 1-10-1956.

(3.) The petitioner made an application to the District Board praying for reduction of the lease money. The District Board recommended reduction of 20 per cent. The recommendation was sent to the District Magistrate of Ballia. The petitioner was allowed time to pay up the dues upon furnishing two sureties. The petitioner produced two sureties accordingly. The petitioner applied to the Commissioner of Varanasi Division for reduction of the lease money, but that application was rejected in August 1957. The District Board moved the District Magistrate Ballia to realise dues from the petitioner as arrears of land revenue. The District Magistrate, therefore, issued warrants of arrest for realising the dues both against the petitioner and his sureties. One surety was actually arrested. According to the petitioner, no warrant of arrest could be issued by the District Magistrate in order to collect money due to District Board. The petitioner has prayed that the proceedings taken against the petitioner and his sureties for realising the dues should be quashed.