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2004 Supreme(SC) 54

HARDEEP SINGH – Appellant
Versus
DISTRICT OFFICER magistrate, fatehpur – Respondent


( 1 ) THE appellant claims to be an advocate. He held a general power of attorney from one Ram Raj Nishad in connection with a mining lease. It seems that there were certain outstanding arrears having arisen consequent upon operation of the mines. The Collector of the district formed an opinion that the mining operation was being carried out not by Ram Raj Nishad in whose name the mining lease stood but in fact and for all practical purposes by the appellant who was appointed as the general power-of-attorney holder. Based on such finding, the Revenue Recovery Certificate was directed to be issued by the Collector and District Magistrate to the In-charge Authority (Collection), Tahsildar, Fatehpur to proceed against Ram Raj Nishad and the appellant for the recovery of the outstanding amount.

( 2 ) THE appellant filed a writ petition in the High Court of Allahabad disputing the recovery on the ground that the recovery was liable to be effected only from Ram Raj Nishad, the mining lessee, and not from him who was merely an attorney. The writ petition has been directed to be dismissed summarily.

( 3 ) HAVING heard the learned counsel for the appellant, we are satisfied that the impugne

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