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1996 Supreme(All) 743

ALOK KUMAR BASU, M.C.AGARWAL
MAHESH CHANDRA – Appellant
Versus
ZILA PANCHAYAT, MAINPURI – Respondent


Advocates Appeared:
B.D.Maurya, BANGALI YADAV, N.S.CHAUDHARY

M. C. AGARWAL, J.

( 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. A



















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