The disputed amount cannot be recovered under the Revenue Recovery Act unless it is shown to be recoverable as arrear of land revenue.

Heard Sri Dhruva Narayan, learned counsel for the petitioner and Sri R. C. Yadav, learned Standing counsel representing the respondents at length.

2. At the behest and instance of the Executive Engineer, Irrigation Con struction Division, Mathura, the respondent No. 4, a sum of Rs. 36,184 in respect of four agreements, containing conditions as are incorporated in I. D. Form No. Ill, a copy whereof is annexure ! to this petition, is sought to be recovered from the petitioner for which purpose recovery proceedings have been initiated and requisite recovery certificate has been sent from the Collec tor, Mathura, the respondent No. 1, to the Collector^ Kanpur, the respondent No. 2.

3. The petitioner asserts that the amount in question is sought to be realised under the provisions of the Revenue Recovery Act, 1890, as amended by the Revenue Recovery (Uttar Pradesh Amendment) Act,

1965, hereinafter called the Act. According to him there is nothing in the Act which may em power either the respondent No. 4 to issue any certificate or may authorize any Collector to realise from the petitioner the disputed amount as arrear of land revenue and recovery proceedings are, therefore, without jurisdiction and void.

4. Neither in the counter affidavit filed on behalf of the respondents nor during the course of arguments on their behalf it is disputed that recovery of the disputed sum is being effected under the provisions of the Act.

5. Sections 3 and 5 of the Act deal with recovery of sum due from a defaulter. In instant case, indisputably, the respondents are proceeding to ef fect recovery under Section 5 of the Act.

6. The expression defaulter* is defined in sub-section (3) of Section 2 of the Act which reads thus:

"2. Definitions - In this Act, unless there is something repugnant in the subject or context, -

(1 ). . . . . . .

(2 ). . . . . . .

(3) "defaulter" means a person* from whom an arrear of land revenue, or a sum recoverable as an arrear of land revenue, is due, and includes a person who is responsible as surety for the payment of any such arrear or sum. " Section 5 of the Act is as under:

"5. Recovery by Collectors of sums recoverable as airears of revenue on the cer tificates of public officers and local authorities.- (1) Where any sum is recoverable as an arrear of land revenue by any public officer other than a Collector or by any-local authority, such officer or authority may send to the Collector of the district in which the office or authority is situate or of any other district in Uttar Pradesh where the defaulter is or has property, a certificate in such form as may be prescribed by rules made in this behalf.

(2) Save as otherwise provided in this Act the certificate shall be conclusive of matters therein stated.

(3) The Collector shall on receipt of the certificate under sub-section (1 ). proceed to recover the amount stated therein as if the sum were payable to himself.

(4) The provisions of Section 4 shall have effect in relation to such Certificate as if it were a certificate sent under sub- section (1) of Section 3. "

A combined reading of sub-section (3) of Section 2 and Section 5 makes it abundantly clear that under the Act a sum can be recovered by any public officer other than a Collector or by a local authority only if it is shown to be recoverable as arrear of land revenue.

8. Then the question arises when can a sunt be said to be recoverable as an arrear of land revenue. The Act does not define the sum which is recoverable as an arrear of land revenue. Therefore, it would be legitimate to presume that the sum shall be recoverable as arrear of land revenue if it is declared by any other statute to be so recoverable or where there is. an agree ment between the person from whom recovery is sought to be made and the authority as whose behest recovery is enforced stipulating recovery of the sum as arrear of land revenue.

9. The learned Standing Counsel has not been able to show any statutory provisions de