- (1.) This petition arises out of certain proceedings which were initiated against the Petitioner for realising certain public moneys which were due from the said Petitioner to opposite party No. 5, U.P. Financial Corporation. It seems that the said opposite party advanced certain moneys to the Petitioner and on the latter's failure to pay the amounts in accordance with the contract, the outstanding dues were sought to be realised as arrears of land revenue. There is no controversy that the dues could be realised by way of arrears of land revenue. Certain proceedings were taking place for the sale of the immovable properties of the Petitioner. An application under Order 21 Rule 83 Code of Civil Procedure read with Section 341 of U.P. Act No. 1 of 1951 was given to the Commissioner, Meerut Division, Meerut, a true copy whereof is annexure IV to the petition. On the said application the Commissioner passed an order on 15th September, 1979 which was as follows: Allowed. Stay for fifteen days more. No further time will be allowed.
(2.) Against the stay order dated 15-9-1979 a revision was filed before the Board of Revenue, but the same was rejected summarily on 9-10-1979. A certified copy of the said order dated 9th October, 1979 is on the record and marked as annexure V.
(3.) Now the Petitioner has come in the instant petition, and in support thereof, I have heard Sri J.N. Chandra, Learned Counsel for the Petitioner. In my view, this petition is legally misconceived. The reference to Sections 279 onwards of U.P. Act No. I of 1951 will clearly show that the procedure for realising arrears of land revenue is set out in the said sections. Learned Counsel for the Petitioner sought to invoke the aid of Section 341 of U.P. Act No. I of 1951 for supporting the contention that the provisions of Order 21 Rule 83, Code of Civil Procedure will be applicable to the sale which was contemplated in the instant case. In my view, this contention is incorrect. Order 21 is applicable to the execution of the civil court's decree and it cannot, as such, apply to the proceedings which are conducted by the Collector for the recovery of arrears of land revenue under Section 279 onwards of U.P. Act No. I of 1951. It is a different matter that by some of these provisions expressly certain provisions of Order 21 have been made applicable to these proceedings. For example, Section 282, Sub-section (2) lays down that every attachment and sale under this section shall be made according to law in force for the time being for the attachment and sale of immovable property in execution of a decree of a civil Court. Similarly, Sub-section (3) of Section 282 makes a reference to the provisions of Section 60 Sub-section (1), Code of Civil Procedure A reference to the relevant rules which have been framed under the U.P. Zamindari Abolition and Land Reforms Act, 1950 will also establish the aforesaid conclusion.;