D.S.Sinha, J. - (1.) Heard Sri Himanshu Tiwari. holding brief of Sri Mool Behari Saxena, learned counsel appearing for the petitioner, and Sri Vinay Malviya, learned standing counsel representing the respondent Nos. 2 and 3. Nobody appears for the respondent No. 1 despite service of notice upon it.
(2.) A sum of Rs. 37,296 is sought to be recovered from the petitioner as arrears of land revenue. The money is alleged to be due in respect of a contract for realisation of Tahbazari settled in favour of the petitioner. By a communication dated 17th February, 1989, a copy whereof is Annexure-6 to the petition, the Chairman of the Town Area, Titri Bazar. Tahsil Naugarh in the district of Sidharth Nagar called upon the petitioner to pay the sum of Rs. 37,296 within a week and warned him that in case of default steps for realisation of the amount as arrears of land revenue under Section 173A of U.P. Municipalities Act, 1916, (hereinafter called the "Municipalities Act") and Section 21 of the U. P. Town Area Act. 1914 (hereinafter called the "Town Area Act") would be taken.
(3.) It appears that the petitioner did not pay the sum as demanded. Therefore, a citation dated 18th May, 1989, under the provisions of U. P. Zamindari Abolition and Land Reforms Act. 1950, a photocopy whereof is Annexure-7 to the writ petition, was issued to the petitioner by the respondent Nos. 2 and 3. The prayer of the petitioner is that recovery proceedings in pursuance of the communication dated 17th February, 1989 and citation dated 18th May. 1989 aforesaid, be quashed.;