By the Court.—Finding conflict in the decisions of two Division Benches of this Court, namely Chinta Mani v. State of U.P. and others, 2010(6) ADJ 302 (DB) and Mange Ram and another v. State of U.P. and others, 2010(4) ADJ 390 (DB), the learned Single Judge has referred the following question for decision by a Larger Bench.

“Whether decision in Mange Ram and another v. State of U.P. and others, 2010(4) ADJ 390 (DB) in so far as it takes the view that there is no provision under any of the Acts for levying any collection charges for mere issuance of citation or sale proclamation is correct; or, the decision in Chinta Mani v. State of U.P. and others, 2010(6) ADJ 302 (DB) holding that provisions of sub-section (2) of Section 279 do not contain any provision for an absolute waiver of recovery charges where the citation has been issued under sub-section (1) and the charging Section empowers the Collector to raise such demand subject to the rules and provision of Revenue Recovery Act U.P. Act No. 37 of 2001, is correct.”

Brief facts of the case :

2. The petitioners had taken an agricultural loan for the purchase of a tractor from U.P. Sahkari Bank Ltd., Rath, district Hamirpur,