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1998 Supreme(All) 348

D.S.SINHA, M.L.SINGHAL
RAM BILAS TIBRIWAL – Appellant
Versus
CHAIRMAN, MUNICIPAL BOARD, TITRI BAZAR – Respondent


Advocates Appeared:
Mool Behari Saxena

D. S. SINHA, J.

( 1 ) HEARD Sri Himanshu Tiwari. holding brief of Sri Mool Behari Saxena, learned counsel appearing for the petitioner, and Sri Vinay Malviya, learned standing counsel representing the respondent Nos. 2 and 3. Nobody appears for the respondent No. 1 despite service of notice upon it.

( 2 ) A sum of Rs. 37,296 is sought to be recovered from the petitioner as arrears of land revenue. The money is alleged to be due in respect of a contract for realisation of Tahbazari settled in favour of the petitioner. By a communication dated 17th February, 1989, a copy whereof is annexure-6 to the petition, the Chairman of the Town Area, Titri Bazar. Tahsil Naugarh in the district of Sidharth Nagar called upon the petitioner to pay the sum of Rs. 37,296 within a week and warned him that in case of default steps for realisation of the amount as arrears of land revenue under Section 173a of U. P. Municipalities Act, 1916, (hereinafter called the "municipalities Act") and Section 21 of the U. P. Town Area Act. 1914 (hereinafter called the "town Area Act") would be taken.

( 3 ) IT appears that the petitioner did not pay the sum as demanded. Therefore, a citation dated 18th may, 1989, u










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