B.D. Agarwal, J. - (1.) Heard counsel.
(2.) Under Section 3(1) (a) of the U.P. Public Moneys (Recovery of Dues) Act, 1972, where any person is party to any agreement relating, inter alia, to credit, in respect of goods sold to him by die State Government of the Corporation, there may be recovery of the dues as arrears of land revenue. Respondent No.1 is notified Corporation within the meaning of Section 2(a) of this Act. Nothing contained in Clause (a) of Section 3(a) may be said to lay down that the agreement in question be in writing. Even if the agreement is not in writing or is reached by the conduct of the parties or orally, it does not appear that the application of Section 3(1) (b) of the Act is ousted. The challenge made by the petitioner is also directed against the accuracy of the amount which is sought to be recovered from the petitioner. The petitioner may approach respondent No. 1 which shall, no doubt, furnish to the petitioner a Statement of Account. The petitioner shall approach respondent No. 1 with a certified copy of this order within one week. Respondent No. 1 shall furnish the Statement of Account to the petitioner within ten, days and till then the recovery against the petitioner through arrest shall remain in abeyance. In case the petitioner is aggrieved even thereafter against the amount shown as due, it remains open to him to approach the Civil Court.
(3.) The petition is dismissed. Certified copy of the order be given to the learned counsel on payment of usual charges within 48 hours. Petition dismissed.;