M. Katju, J. - (1.) The petitioner has challenged the recovery in respect of a contract granted to him for realisation of Park fee as well as Tahhazari from Nagar Panchayat Sahjanwan, district Gorakhpur. Heard learned counsel for the parties.
(2.) The petitioner had applied against an advertisement and had been granted the contract for realisation of Park fee as well as Tahbazari from the area concerned as mentioned in the advertisement.
(3.) Learned counsel for the petitioner submitted that recovery cannot be made as arrears of land revenue. He has relied on the Division Bench decision of this Court in Ram Bilas Tibriwal v. Chairman, Municipal Board, Titri Bazar and others, 1998 (2) AWC 1468 . We have distinguished the above decision in our judgment in Writ Petition No. 37629 of 2002, Smt. Malka Begum v. State of U.P. decided on 24.9.2002 . Hence we cannot agree with the submission of the learned counsel for the petitioner.;