Hari Swarup, J. - (1.) (for self and for Prem Prakash, J.) :-The petitioner had taken a lease regarding the toll of public ferry known as Kusum Khor Ghat over the Ganga river. The lease was in respect of the period from 1st October, 1971 to 30th September, 1974. The lease had been executed in terms of Section 8 of the Northern India Ferries Act, 1878. The petitioner did not pay the amount of lease money and accordingly a demand was made from the petitioner and a notice was served upon him to the effect that, unless the petitioner showed cause, the same shall be recovered as arrears of land revenue. The amount claimed was Rs. 54,000/- and odd. The petitioner did not appear to show cause but filed the present writ petition challenging the right of the State Government and the Zila Parishad to recover the amount as arrears of land revenue.
(2.) ALTHOUGH some other grounds were also taken, at the hearing learned counsel pressed only one ground, viz., that the amount was not recoverable as arrears of land revenue. The contention of the learned counsel is that as the management of the ferry, by virtue of Section 7A of the Northern India Ferries Act, vested in the Zila Parishad, Fatehgarh, the amount could be recovered only under Chapter VIII of the Kshettra Samitis and Zila Parishads Adhiniyam and not under Section 9 of the Northern India Ferries Act which provides for recovery of the amount as arrears of land revenue. Section 147 in Chapter VIII of the Kshettra Samitis and Zila Parishads Adhiniyam, 1961, deals with the recovery of taxes and other dues referred to in Section 148 of the Act. Section 148 deals with the recovery of (a) any sum on account of a tax imposed by the Zila Parishad, or (b) any other sum declared by or under this Act or by any rule or bye law made under the Northern India Ferries Act, 1878, to be recoverable in the manner provided by this Chapter. Section 15 of the Nothern Indian Ferries Act, 1878 provides for imposition of tolls. It runs as under :- "Tolls-Tolls, according to such rates as are, from time to time, fixed by the State Government, shall be levied on all persons, animals, vehicles and other things crossing any river by a public ferry and not employed or transmitted on the public service : Provided that the State Government may, from time to time, declare that any persons; animals, vehicles or other things shall be exempt from payment of such tolls. Where the tolls of a ferry have been let under Section 8, any such declaration, if made after the date of the lease, shall entitle the lessee to such abatement of the rent payable in respect of the tolls as may be fixed by the Commissioner of the Division or such other officer as the State Government may, from time to time, appoint in this behalf by name or in virtue of his office." In the present case the lease has been given under Section 8 by auction as contemplated by the Act. Section 9 provides for recovery of arrears from lessees and runs as under : "Recovery of arrears from lessee-All arrears due by the lessee of the tolls of a public ferry on account of his lease may be recovered from the lessee or his surety (if any) by the Magistrate of the district in which such ferry is situate as if they were arrears of land revenue." The lease in this case had been executed on behalf of the Governor by the Commissioner in favour of the petitioner under Section 8 of the Act and the recovery is being made under Section 9 of the Act. Clause (b) of sub-Section (1) of Section 148 of the Kshettra Samitis and Zila Parishads Adhiniyam, 1961, deals with the recovery of any sum which may, by rule or bye law made under the Northern India Ferries Act, 1878, is declared or made recoverable by the Zila Parishad. In the present case the amount sought to be recovered is not such which may have been made recoverable by any rule or bye-law made under the Northern India Ferries Act, by the process provided in Chapter VIII of the Kshettra Samitis and Zila Parishads Adhiniyam ; Section 148 is accordingly not attracted. That section may deal with the recovery of such tolls which are directly recoverable by the Zila Parishad under its power of management of the ferry, but does not prevent the recovery of the amount which may be payable by a lessee in lieu of the toll by the process provided in Section 9 of the Northern India Ferries Act. When the amount is recovered not as toll but as lease money payable under Section 8 of the Northern India Ferries Act, it cannot be deemed to be a sum which is payable to the Zila Parishad as toll under the Kshettra Samiti and Zila Parishad Act or under any rule or bye-law made under the Northern India Ferries Act. We are, therefore, unable to accept the contention of the learned counsel for the petitioner that the lease money in the present case was recoverable under Chapter VIII of the Kshettra Samitis and Zila Parishads Adhiniyam and not under Section 9 of the Northern India Ferries Act.
(3.) SECTION 9 specifically provides for recovery of all arrears due against a lessee of the tolls of a public ferry on account of the lease. The amount is admittedly of such a character. The recovery proceedings, which are being taken by the Tahsildar, will thus be within his jurisdiction as conferred on him by SECTION 9 of the Northern India Ferries Act read with SECTION 280 of the U. P. Zamindari Abolition and Land Reforms Act. No other error in procedure has been pointed out. The recovery proceedings cannot, therefore, be quashed. In the result, the petition fails and is dismissed with costs..;