SUBHASH CHAND Vs. COLLECTOR ETAWAH

JUDGEMENT

(1.) This writ petition has been filed for issuance of a writ in the nature of certiorari quashing the certificate for recovery (Annexure-1 to the writ petition) issued by Atirikt Mukhya Adhikari, Zila Parishad. Etawah in respect of Theka Transport Tehbazari, Vedpura Cattle Market 1986-87.

(2.) The main question which arose for consideration is whether the contract dues (contract money) in auction bid accepted in favour of the petitioner for collecting money on account of fee realised for loading and unloading of the trucks in cattle fair held in the Zila Parishad land vested in the Panchayat can be recovered as arrears of land revenue, and can in such circumstances writ of certiorari be issued for quashing of request made by respondent to realise the amount through the Collector as arrears of land revenue or should the petitioner resort to filing of a civil suit.

(3.) It appears that Mukhya Adhikari, Zila Parishad. Etawah published an auction notice for the Theka of Transport Tehbazari 1986-87 of the whole of village Vedpura in Dainik Deshdharam Newspaper dated 8.6.1986 for auction on 12.6.1986 inviting intended bidders to take part in the auction. The total area included Plot Nos. 110A. 101. 112Ka, 102Ka, 112Kha and l00Ba and Plot Nos. 89. 91, 92 and 92, as mentioned in para 2 of petition, situated at village Vedpura, district Etawah. The petitioner in pursuance of auction notice Annexure-2 to the petition offered the highest bid of Rs. 7,00,000 in the auction which was held on 12.6.1986. It is further alleged that he has deposited 1/4th of the auction amount. There is no dispute that an approval letter was sent and Theka was accepted in favour of the petitioner on 19.6.1986 and the petitioner also deposited the balance amount of Rs. 5,25,000 in pursuance of letter, Annexure-3 to the writ petition within a week of the receipt of the letter. It appears that some litigation was started by one All Hasan as mentioned in paragraph 5 of the writ petition, vide Writ Petition No. 7006 of 1986 wherein it was ordered that Zila Parishad. Etawah shall not require the trucks which transport catties to and from plot Nos. 101A, 101, 112Ka, 102Ka, 103, 112Kha and 100Ba of village Vedpura in Mela area to pay Tehbazari and prohibiting placing of any barrier on Etawah-Mainpurt road.