V. K. Khanna, J. - (1.) - Petitioner in this writ petition has challenged the recovery proceedings which have been initiated at the instance of U. P. Financial Corporation for recovering the amount of loan which had admittedly been advanced to the petitioner for establishing his industry.
(2.) LEARNED counsel for the petitioner Sri Prakash Gupta in this writ petition has urged two points before us. It has firstly been urged that the recovery proceedings could not be initiated under the U. P. Public Moneys (Recovery of Dues) Act, 1972 (hereinafter referred to as the "Act") as the dues were not covered under Section 3 of the aforesaid Act The precise argument which has been raised before us is that at best the petitioner's case could be covered by the provisions of Section 3 (1) (d), which runs as follows: "3. Recovery of certain dues arrears of land revenue : (1) Where any person is party a xxx xxx xxx (d) to any agreement providing that any money payable thereunder to the State Government (or the Corporation) shall be recoverable as arrears of land revenue;" It has been urged that the agreement should have provided that the money will be recoverable under the U. P. Public Moneys (Recovery of Dues) Act, 1972 and that it could be recovered as arrears of land revenue. of course, it has not been written that the money will be recoverable under the U. P. Public Moneys (Recovery of Dues) Act 1972 as arrears land revenue. We have thus to see as to whether the absence of the aforesaid recital in the agreement would make the provisions of the Act in-applicable to the present case. As far as the U. P. Public Moneys (Recovery of Dues) Act, 1972 is converged, the aforesaid Act has been enacted for the speedy recovery of certain classes of dues payable to the State Government or to the U. P. Financial Corporation or any other Corporation notified by the State Government in that behalf. No financial assistance is granted under the aforesaid Act and the aforesaid Act provides only a machinery for speedy recovery of certain classes of dues. In our opinion, in case the Corporation has a right to recover the dues under the aforesaid Act, it is not necessary that in the Agreement which is executed between the parties it should be mentioned that the provisions of the Act would be applicable as the same applies on its own force. As the agreement specifically provides that the money payable under the Agreement to the Corporation shall be recoverable as arrears of land revenue, the provisions of Section 3 (1) (d) are clearly applicable. The argument raised by the learned counsel for the petitioner thus, in our opinion, is not tenable.
(3.) IT has then been urged that the petitioner's Unit having been declared as a sick industrial unit, the State Government is bound to sanction facilities to the petitioner. According to the averments made in the writ petition the petitioner in this connection has already approached the State Government and the petitioner should purchase that remedy by approaching the State Government in connection with the aforeraid relief again. Subject to the aforesaid observations the present writ petition is dismissed. The stay order granted by this court is discharged. A certified copy of this order shall be given to the learned counsel for the parties on payment of usual charges within 10 days. Petition dismissed.;