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1998 Supreme(All) 1107

B.K.ROY, R.K.MAHAJAN
SUBHASH CHAND – Appellant
Versus
COLLECTOR, ETAWAH – Respondent


Advocates Appeared:
M.M.D.Agrawal, NAGENDRA SINGH CHAUDHARY, PRADEEP KUMAR

R. K. MAHAJAN, J.


( 1 ) THIS writ petition has been filed for issuance of a writ in the nature of certiorari quashing the certificate for recovery (Annexure-1 to the writ petition) issued by Atirikt Mukhya Adhikari, zila Parishad. Etawah in respect of Theka Transport Tehbazari, Vedpura Cattle Market 1986-87.

( 2 ) THE main question which arose for consideration is whether the contract dues (contract money) in auction bid accepted in favour of the petitioner for collecting money on account of fee realised for loading and unloading of the trucks in cattle fair held in the Zila Parishad land vested in the Panchayat can be recovered as arrears of land revenue, and can in such circumstances writ of certiorari be issued for quashing of request made by respondent to realise the amount through the Collector as arrears of land revenue or should the petitioner resort to filing of a civil suit.

( 3 ) IT appears that Mukhya Adhikari, Zila Parishad. Etawah published an auction notice for the theka of Transport Tehbazari 1986-87 of the whole of village Vedpura in Dainik Deshdharam newspaper dated 8. 6. 1986 for auction on 12. 6. 1986 inviting intended bidders to take part in the auction. The tot






































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