The Zila Panchayat cannot recover contractual amounts as arrears of land revenue; such recovery must follow statutory provisions under the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961.

JUDGMENT :

Hon'ble Dr. Yogendra Kumar Srivastava, J.-Heard Sri Amit Singh, learned counsel for the petitioner, Sri Mohan Srivastava, learned Standing Counsel appearing for the State-respondents and Sri Surendra Prasad Shukla, learned counsel appearing for the respondent No. 4, the Executive Officer (Apar Mukhya Adhikari), Zila Panchayat, Lalitpur, District Lalitpur.

2. The instant petition has been filed with a prayer to quash the Recovery Citation dated 5.9.2024, whereby recovery of a sum of Rs. 2,00,000/including certain other sums has been issued against the petitioner by the respondent No. 3, the Nayab Tehsildar, Tehsil sadar, Jhansi, District Jhansi, so far as it relates to recovery of arrears of licence fees of Zila Panchayat, Lalitpur. Further, the petitioner, by way of the present petition has sought for a direction to respondent authorities restraining them from taking any coercive action against the petitioner in pursuance of the aforesaid recovery citation.

3. The facts as pleaded in the writ petition are that the petitioner participated in an auction proceeding of the Zila Panchayat, Lalitpur for settling of right to remove and dispose off the bones and hides of the dead animals within the limit of Block Birdha, District Lalitpur in Zila Panchayat, Lalitpur for the year 2023-24, in pursuance of Etender/auction advertisement dated 2.3.2023.

4. In the auction proceeding, the tender of the petitioner having been found to be the highest his bid was accepted and the work order was issued in his favour on 5.4.2023. The petitioner thereafter deposited the licence fee.

5. It is sought to be asserted that the work of the petitioner as per the terms of the construct, was obstructed by certain private persons and in spite of complaints to the respondent authorities there was inaction on their part. Resultantly the petitioner was unable to carry on the work of collection of bones and hides of the dead animals and as consequence suffered huge losses.

6. A recovery certificate dated 12.8.2024 issued by the respondent No. 4, in respect of an amount stated to be due under the contract, was forwarded to the respondent No. 2, the District Magistrate, Jhansi for recovery of an amount of Rs. 2,00,000/and consequent to the same Recovery Citation dated 5.9.2024 has been issued.

7. A representation dated 9.9.2024 is stated to have been submitted by the petitioner before the respondent No. 4, the Executive Officer, Zila Panchayat, Lalitpur, District Lalitpur and also the Additional District Magistrate (Finance & Revenue) Jhansi on 9.9.2024 seeking withdrawal of the recovery certificate by pointing out that the amount due towards balance of Licence Fee could not be recovered as arrears of land revenue.

8. Aggrieved by the recovery proceeding and inaction on the part of the respondent authorities in according consideration to the representation thereagainst, the present petition has been filed.

9. The writ petition raises a pure legal question, and therefore, with the consent of parties the same is being disposed of at the stage of admission itself without calling for affidavits.

10. The principal ground which has been urged in support of the petition is that the authorities of the Zila Panchayat have no legal right to issue a recovery certificate in respect of any arrears of Licence Fee, and that the State authorities also do not have any jurisdiction in law to issue a recovery citation for the purpose. It is submitted that the only method for recovery of any such amount is to approach the Court of competent jurisdiction under Section 158(1) of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 (the Adhiniyam 1961).

11. Counsel for the State respondents and the counsel for the respondent Zila Panchayat have not been able to point out anything to the contrary which may indicate that recovery of a contractual amount in regard to Licence Fee stated to be due under the provisions of the Adhiniyam 1961, can be recovered as arrears of land reve