An agreement between the parties to recover dues as arrears of land revenue is void if it is not authorized by statute and defeats the provisions of any law.

( 1 ) BY this petition under Article 226 of the Constitution of India the petitioner Mahesh Chandra Challenges a recovery certificate issued against him for the recovery of Rs. 51,000. 00. A copy of the recovery certificate has been annexed to the writ petition as Annexure 4 which mentions that the money may be recovered under the provisions of Revenue Recovery Act.

( 2 ) THE petitioner participated in an auction by Zila Panchayat, Mainpuri for settling a right to remove and dispose of dead animals within the limits of block kurawali in district panchayat Mainpuri. The petitioners bid at Rs. 1,51,000/was highest and was accepted. He deposited a sum of Rs. 20,000. 00 on the date of auction i. e. 221-1995, Rs. 20,000. 00 on 7-3-1995, Rs. 35,000. 00 on 21-3-1995 and Rs. 25,000. 00 on 22-7-1995. The period of licence was to be for one year from 1-41995 to 31-3-1996. The petitioners case is that in spite of the petitioners bid having been accepted and he having paid a sum of Rs. 1,00,000. 00 out of the total bid amount of Rs. 1,51,000. 00 no licence in the prescribed form was actually issued to him and, therefore, he could not collect and dispose of the dead animals. According to him this work was got done by Zila Panchayat through its own employees. He is aggrieved by the steps taken by Zila Panchayat for the recovery of the balance of Rs. 51,000. 00 and claims that since the Zila Panchayat did not issue the licence it is not entitled to recover the balance and should in law refund the money paid by the petitioner. According to him the recovery of the balance of the bid money as arrears of land revenue is illegal.

( 3 ) IN its counter affidavit the Zila Panchayat has contended that on his request the petitioner was allowed to pay the bid money in instalments and that the formal licence in the prescribed form was not issued because the entire bid money was not paid but the petitioner was in fact permitted to carry out the job of collection and disposal of dead animals. It has filed a copy of the letter written by its president to the petitioner, copy whereof endorsed to the station House Officer, Police Station Kurawali permitting the petitioner to carry out the aforesaid job. Its case is that the petitioner actually availed all the rights granted under the licence for which auction was held and is bound to pay the balance of the licence fee i. e. Rs. 51,000. 00. It has annexed with the counter affidavit a copy of auction notice which requires the licensee to execute a written duly stamped contract and further says that any arrears may be recovered by the attachment and sale of the movable and immovable properties of the defaulter as arrears of land revenue.

( 4 ) SINCE counter and rejoinder affidavits have been exchanged between the parties we heard the writ petition finally on merits at the admission stage itself. Sri B. D. Maurya, Advocate represented the petitioner while the respondent was represented by Sri Bengali Yadav, Advocate.

( 5 ) AS stated above, there is dispute between the parties as to whether the petitioner actually availed of the right to collect and dispose of dead animals for which his highest bid was accepted by the respondent and for which the petitioner paid a total sum of Rs. 1,00,000. 00 as mentioned above. This is a dispute question of fact and, therefore, in exercise of jurisdiction under Article 226 of the Constitution of India it is not feasible to determine this dispute which is of pure fact and depends for its determination on oral and documentary evidence which can appropriately be decided only in other judicial proceedings like a suit. We, therefore, decline to go into this aspect of the matter leaving the parties to agitate it imappropriate forum. The only other point agitated between the parties was whether the dues in respect of the licence fee can be recovered as arrears of land revenue.

( 6 ) ZILA Panchayats have been established under the U. P. Kshettra Panchayats and Zila Pa