- (1.) D. S. Sinha, J. Heard Sri Raja Ram Shivhare, learned counsel for the petitioners and Sri Vinay Malaviya, learned Standing Counsel representing the respondent No. 2. Despite due service, the respondent No. 1 has not chosen to file any counter affidavit.
(2.) BAJRAN Tel Ghani Avam Grih Udyog Sahakari Samiti Ltd. , Village and Post Dighawat, District Banda, the petitioner No. and its president Sri Rama Shankar Sahu, the petitioner No. 2, and the Secretary Sri Uma Shankar Sahu, the petitioner No. 1, pray that the recovery certificate dated 1st December, 1979, a copy whereof is Annexure-IV to the peti tion, be quashed. Further prayer of the petitioners is that the respondents be restrained from making any recovery from the petitioners. The factum of existence of the recoverable arrears, including the amount, and the identity of the per son/persons from whom the recovery is sought to be made under the impugned recovery certificate are challenged by the petitioners. The impugned recovery certificate has been issued under the provision of S. 35-A of the Uttar Pradesh Khadi and Vil lage Industries Board Act, 1960. This secj lion provides that where any amount is recoverable by the U. P. Khadi and Village Industries Board on account of any loan or advance or grant made by it for the pur pose of development of Khadi and Village Industries, the same may, without prejudice to any other remedy provided by law, be recovered as arrears of land revenue.
(3.) SRI R. R. Shivahare, learned coun sel for the petitioners, very fairly, con cedes that in view of the fact that the amount sought to be recovered is recoverable as arrears of land revenue, the provisions of Sections 275 to 292 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 shall apply. It is further conceded by him that the im pugned recovery certificate is to be deemed to be a statement of certified ac count as provided in Section 278 of the U. P. Zamindari Abolition and Land Reforms Act, 1950. Section 278, aforesaid, envisages that a statement of account certified by the Tehsidar shall, for the purpose of collec tion of land revenue, be conclusive evidence of the existence of the arrears of land revenue, of its amount and of the person who is the defaulter. Thus, the question of the existence of the arrears of land revenue, its amount and the identity of the person who is defaulter can not be questioned. The remedy of the person ag grieved in that regard is provided under S. 278-Aof the U. P. Z. A& L. R. Act, 1950. It contemplates that the aggrieved person may pay the amount claimed under protest and upon such payment the proceeding for recovery shall be stayed and thereafter he may sue the State Government in the Civil Court for the amount so paid, and in such suit he may, notwithstanding anything contained in S. 278, give evidence of the amount, if any, which he alleges to be due from him.;