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2003 Supreme(All) 488

V.M.SAHAI, MUKTESHWAR PRASAD
TITU SINGH – Appellant
Versus
DISTRICT MAGISTRATE/collector – Respondent


Advocates Appeared:
ASHOK SRIVASTAVA, C.P.MISHRA, M.K.RAJVANSHI, N.C.RAJVANSHI, VINAY MISHRA, VIRENDRA KUMAR, VIVEK MISHRA

MUKTESHWAR PRASAD, J.

( 1 ) WE have heard Sri Ashok Srivastava, holding brief of Sri M. K. Rajvanshi, learned Counsel for the petitioner and Sri Vivek Mishra, and Sri C. P. Mishra learned Standing Counsel appearing for the respondents.

( 2 ) BY means of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the recovery certificate/citation dated 12. 5. 1997, issued by respondent No. 3 (Anncxure 6 to the writ petition) and for a direction to the respondents No. 1 and 2 not to proceed against the person and property of the petitioner on the basis of recovery certificate/citation dated 12. 5. 1997. The petitioner participated in an auction for collecting parking fee conducted by Nagar Panchayat Raya, District Mathura, for the year 1996-97 and Sri titu Singh (the petitioner) was the higher bidder, the bid being Rs. 20,06,000/ -. An agreement was executed between the parties. The petitioner deposited a sum of Rs. 10,37,000/- upto 15th october, 1996. The respondent No. 3 sent a notice dated 18. 12. 1996 asking the petitioner to deposit a sum of Rs. 9,69,000/- The petitioner made a representation to the respondent No. 3 and prayed for permission












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