LAWS(ALL)-1999-8-62

RAJENDRA SINGH Vs. ZILA PARISHAD MORADABAD

Decided On August 16, 1999
RAJENDRA SINGH Appellant
V/S
ZILA PARISHAD MORADABAD Respondents

JUDGEMENT

(1.) HEARD Sri S. U. Khan, learned Counsel appearing for the petitioner, Sri S. K. Singh, learned Counsel of Zila Parishad, Moradabad, the respondent No. 1 and Sri Vinay Malaviya, learned Standing Counsel for the State of U. P. , representing the respondents No. 2, 3, 4 and 5.

(2.) FOR recovering as arrears of land revenue a sum of Rs. 26,000 towards deficient stamp duty and penalty, a citation dated 16th September, 1992 has been issued to the petitioner calling upon him to pay the said amount. A photo copy of the citation is Annexure III to the petition.

(3.) LEARNED Counsel of the petitioner contends that no written agreement between the petitioner and the respondent No. 1 was ever executed. Further contention of the learned Counsel is that no proceeding contemplated by law was ever initiated against the petitioner. He also contends that the petitioner was never given any opportunity of defending himself. In these circumstances, learned Counsel submits, the impugned citation and notice are bad and liable to be quashed.