IBRAHIM KHAN Vs. PANCHAYAT SAMITI CHAKSU

JUDGEMENT

(1.) THIS is a revision against the order of the Sub-Divisional Officer, Jaipur dated 16-7-63. The brief facts of the case are that the Panchayat Samiti Chaksu sent a requisition to the Sub-Divisional Officer, Jaipur to recover an amount of Rs. 12,629/-from the petitioner as arrears of land revenue outstanding against him on account of contract of bones. The Sub-Divisional Officer issued a demand notice to the petitioner to deposit the amount within 15 days. The petitioner submitted objections in reply to the demand notice which were overruled by the learned Sub-Divisional Officer, Jaipur and he ordered to recover the said amount vide his impugned order dated 16-7-63.

(2.) AGGRIEVED by the said order dated 16-7-63 passed by the Sub-Divisional Officer, Jaipur, the petitioner has come up in revision before the Board of Revenue. The learned counsel for the petitioner has argued that as per sec. 82 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959, "all arrears of cesses, taxes, duties and fees leviable by a Panchayat Samiti under this Act or of loans granted by it shall be recoverable as arrears of land revenue. . '* He has argued that nothing more than what is incorporated in this section can be recovered by a Panchayat Samiti as arrears of land revenue from the petitioner under the said Act. He has however stated that the Panchayat Samiti is a body corporate and as per sec. 7 of the Act Panchayat Samiti is competent to sue and to be sued. If Panchayat Samiti wishes to recover any amount on account of a contract, the same can be realised, if due, by the Panchayat Samiti from the petitioner through competent civil court and not as arrears of land revenue.