- (1.) D. S. Sinha, J. Heard Sri Surendra Kumar Posti, learned counsel appear ing for the petitioners, Sri Sudhir Chandra, learned Senior Advocate appearing for the respondent No. 2 and Shri Tej Ram, learned Standing Counsel repre senting the respondent No. 11.
(2.) M/s. K. Charan Private Limited, Kanpur, the respondent No. 4 owes to Kanpur Electricity Supply Administration, Kanpur, the respondent No. 2, a sum of Rs. 63,139. 16 paise in connection with electricity charges. At the be hest of respondent No. 2 proceeding for recovery of the said amount from respondent No. 4 has been initiated and in that connection the movable properties specified in the auction notice, a copy whereof is Annexure 2 to the writ petition, have been attached and notified for auction sale. Asserting that the properties attached and a proposed to be sold belonged to them, and not to the respondent No. 4, and as such are not li able for attachment and sale, the petitioners have filed this Writ Petition for quashing the auction notice and restraining the authorities from auctioning the aforesaid properties in question. From the perusal of the documents annexed to the counter affidavit filed on behalf of the respondent No. 2, it. transpires that recovery is being ef fected under the provisions of the Uttar Pradesh Government Electrical Un dertakings (Dues Recovery) Act, 1958, Section 5 whereof declares the electricity dues payable to the Kanpur Electricity Supply Administration to be recoverable as arrears of land revenue.
(3.) IT is not disputed by the learned counsel for the parties that for the purposes of recovery as arrears of land revenue, the provisions contained in Section 279, 280, 281 and 282 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, hereinafter referred to as the Act, are applicable. Section 282 (1) of the Act provides that the Collector may, whether the defaulter has been arrested or not, attach and sell his movable property. Sub section (2) of Section 282 of the Act stipulates that sale under section 282 shall be made according to the law in force for the time being for attachment and sale of movable property in execution of a decree of a Civil Court. Thus, in the instant case the provisions of the Code of Civil Proce dure, 1908, (hereinafter called the 'code') are attracted. Rule 58 of Order XXI of the Code provides for adjudication of claims to, or objection to attachment of property. Under this provision any claim to or objection to the attachment of, the property is to be adjudicated upon, and if the claim or ob jection is upheld the property has to be released from attachment under sub-rule (3 ).;