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1983 Supreme(SC) 235

SUPREME COURT OF INDIA
A.P. SEN, E.S. VENKATARAMIAH AND R.B. MISRA, JJ.
G.S. Agarwal, Petitioner
Versus
State of U.P. and others, Respondents.
Writ Petns. Nos. 420 of 1981 and 2747 of 1982, D/- 23-8-1983.
AND
Smt. Sabajmata Jain, Petitioner
Versus
State of U.P. and others, Respondents.

Headnote:

Arrest and detention - Challenged - U. P. Zamindari Abolition and Land Reforms Act, 1950 - Section 279 (1) (b) read with 281 - U. P. Government Electrical Undertakings (Dues Recovery) Act, 1958 - Petitioners in above two petitions is liable to pay certain dues to U. P. State Electricity Board - In order to recover said dues action was taken against them under U. P. Government Electrical Undertakings (Dues Recovery) Act, 1958 read with Section 279 of U. P. Zamindari Abolition and Land Reforms Act, 1950 - Apprehending that the revenue authorities concerned would proceed against them to recover the said dues by their arrest and detention under Section 279 (1) (b) read with Section 281 of U. P. Zamindari Abolition and Land Reforms Act, 1950 petitioners have filed above petitions challenging inter alia constitutional validity of process of arrest and detention –Held, Court have upheld constitutional validity of said provisions - Only point pressed before us in these two petitions being one relating to validity of above provisions, Court dismiss the above two petitions - It is open to revenue authorities to proceed against petitioners to recover the amount due and payable by them in accordance with law by issuing a fresh process in light of judgment delivered in Ram Narayan Agarwals case (supra) -Petitions dismissed.

Judgment

VENKATARAMIAH, J.:- Each of the petitioners in the above two petitions is liable to pay certain dues to the U. P. State Electricity Board. In order to recover the said dues action was taken against them under the U. P. Government Electrical Undertakings (Dues Recovery) Act, 1958 read with Section 279 of the U. P. Zamindari Abolition and Land Reforms Act, 1950. Apprehending that the revenue authorities concerned would proceed against them to recover the said dues by their arrest and detention under Section 279 (1) (b) read with Section 281 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 the petitioners have filed the above petitions challenging inter alia the constitutional validity of the process of arrest and detention prescribed by Section 279 (1) (b) of the U. P. Zamindari Abolition and Land Reforms Act, 1950. In Ram Narayan Agarwal v. State of Uttar Pradesh. Writ Petitions Nos. 1110 of 1980 etc. etc, decided today: (reported in 1983 Tax LR 3008) (SC) we have upheld the constitutional validity of the said provisions. The only point pressed before us in these two petitions being the one relating to the validity of the above provisions, we dismiss the above two petitions. It is open to the revenue authorities to proceed against the petitioners to recover the amount due and payable by them in accordance with law by issuing a fresh process in the light of the judgment delivered in Ram Narayan Agarwals case (supra). No costs.

Petitions dismissed.

For Citation : AIR 1983 SC 1224

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