Satish Chandra, J.

Gaon Panchayat, Kulpahar, district Hamipur appears to have auctioned the right to collect the Tehbazari dues within its territories. In the auction the Respondent No. 1 made tae highest bid of Rs. 9,999/. Gaon Panchayat entered into a contract with him wherein, for payment of tae amount, the Respondent was given the right to collect Tehbazari dues. According to the terms of the contract, the Respondent paid 2/3 of the contract amount at that time. He however defaulted in payment of Rs. 3,333/-. The Gaon Panchayat initiated proceedings for recovery as if it were an arrear of land revenue. The recovery proceedings were challenged by way of a writ petition. A learned single Judge held that none of the provisions of the U.P. Zamindari Abolition and Land Reforms Act or the Panchayat Raj Act or the Gram Samaj Manual authorised the recovery of such contractual sums as arreas of laud revenue. We are in agreement with the reasoning and the conclusion reached by the learned single Judge.

2. The case is directly covered by Mumtaz Ali v. Sub-Divisional Magistrate 1970 AWR 6. There also the Town Area Committee tried to recover the balance of a contractual sum, for whi