- (1.) Heard Sri Pratik J. Nagar, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents no. 1, 3 and 4.
(2.) The controversy involved for adjudication in this case is that whether the State-respondents are entitled to recover the collection charges @ 10 percent or in accordance with the Rules prescribed under U.P. Zamindari Abolition and Land reforms Rules, 1952 which can not exceed 3.75 percent. Fact relevant for the purposes is that the proceeding was initiated against the petitioner for recovery of house tax and water tax for a sum of Rs. 4, 65, 948/-. A Citation dated 28.02.2006 was issued calling upon the petitioner to deposit a sum of Rs. 4,65,948/- along with 10% recovery charges. On receipt of the citation, the petitioner has deposited a sum of Rs. 4,65,948/- by means of Cheque No. 460530 dated 04.03.2006 with the respondent no. 2 towards outstanding water tax and house tax.
(3.) It is to be taken note that the citation required the petitioner to appear on 07.03.2006 and the amount sought to be recovered towards house tax and water tax has been deposited by him prior to the said date on 04.03.2006. Subsequently, respondents issued another Citation for recovery of a sum of Rs. 46,595/- towards recovery charges, which is under challenge in this writ petition.;