SOMASUNDARSHAN GOUD Vs. DISTRICT COLLECTOR HYDERABAD

JUDGEMENT

(1.) The Collector, Bombay, by his letter No. LRB/MOF/REV/1/74, dated 20-9-1975 requested the Collector, Hyderabad, to collect a sum of Rs. 42,300.00 as arrears of land revenue from the petitioner. The Collector, Hyderabad, initiated proceedings, by his letter No. D2/20449/75, for the collection of the amount and instructed the revenue officials to recover the amount from the petitioner under the Revenue Recovery Act. After receipt of this proceeding, the Spl. Revenue Inspector issued Distraint Order under Section 8 of the Andhra Pradesh Revenue Recovery Act 1984 and served it one the petitioner on 14-4-1977. It was stated in the Distraint Order that a sum of Rs. 42,300.00 fell due from the petitioner towards toddy licence fees for the year 1973. The petitioner has now filed this writ petition alleging that he never took any licence for selling toddy from the Excise Authorities in Maharashtra, that the Collector, Hyderabad, was not entitled in law to invoke the proceedings of the Revenue Recovery Act 1864 for realising the arrears alleged to be due to the State of Maharashtra and that, therefore, the action initiated by the Collector, Hyderabad, for the collection of the amount is without jurisdiction. The petitioner has impleaded the District Collector, Hyderabad, and the Special Revenue Inspector, Himayatnagal, Hyderabad, as respondents to the writ petition.

(2.) In the counter-affidavit it is stated that the writ petition filed without impleading the Collector of Maharashtra, who has issued the demand for the collection of the amount from the petitioner, is not maintainable and is liable to be dismissed on that ground alone. It is also contended that a defaulter can be collected by a Collector of another District by virtue of the statutory provisions of Ss. 3 and 5 of the Revenue Recovery Act, 1890.

(3.) The only question that is posed for consideration in this writ petition is whether the Collector, Hyderabad, can collect as arrears of land revenue an amount payable to the State of Maharashtra under the Revenue Recovery Act of Andhra Pradesh.