LAWS(P&H)-1982-10-41

MADAN MONAN MAINI Vs. STATE OF PUNJAB

Decided On October 01, 1982
MADAN MONAN MAINI Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner impugns the action of the respondents in recovering an amount of Rs. 13023.97 through the coercive process as arrears of land revenue.

(2.) While posted as a Sub-Divisional Officer in the Mechanical Division, Gidarbaha, he had effected certain purchases which, as per stand of the Government, were at a much higher rate than the approved rate contract and thus he caused loss to it to the above noted extent. As a result of the domestic enquiry that was held into this conduct of the petitioner, he has already been dismissed from service. The sole grouse of petitioner is that the above noted amount cannot possibly be recovered from him as arrears of land revenue.

(3.) It is the admitted position that the Executive Engineer, Rajasthan Feeder Division, Ferozepore, has written a letter to the Collector Gurdaspur for effecting this recovery. This letter is Annexure P.2. The learned counsel for the respondent authorities is not in a position to refer to any provision of law under which the above noted amount can be recovered from the petitioner as arrears of land revenue. For the reasons alone, this petition deserves to succeed and is allowed. The respondent authorities are restrained from recovering the above noted amount from the petitioner as arrears of land revenue. I, however, pass no order as to costs.