R. R. K. Trivedi and R. K. Singh, JJ. - (1.) Heard learned counsel for the petitioner, Shri I. M. Kushwaha, learned counsel for respondent No. 3 and learned standing counsel for respondent Nos. 1 and 2. Learned counsel for the parties have agreed that this petition may be decided finally at this stage.
(2.) This petition has been filed challenging the recovery of the amount of Rs. 2,61.464 as arrears of land revenue on the basis of the citation dated 20.11.1997, Annexure-6 to the writ petition.
(3.) Learned counsel for the petitioner has submitted that the loan was sanctioned by mortgage of the properties of the Society and the amount cannot be recovered from the personal property of the Secretary of the Society or from any other property. Learned counsel has relied on the provisions of Uttar Pradesh Pubic Moneys (Recovery of Dues) Act in support of the aforesaid submission. Learned counsel has also placed reliance in case : Ashok Kumar Singh and others v. State of U. P. and others, 1979 ALJ 203. Learned counsel has pointed out that Khadi Gramodyog Board is included In the Appendix attached to the U. P. Public Moneys (Recovery of Dues) Act and Board is a notified Corporation under Section 3 of the said Act.;