- (1.) D. S. Sinha, J. Heard Sri Diwakar Ram Sharma, holding brief of Sri Rahul Sripat, learned Counsel for the petitioner and Sri O. P. Singh, learned Standing Counsel representing the respondents No. 4 and 5. No body appears for the remaining respondents though the case has been taken up on revision of the cause list.
(2.) THE learned Counsel appearing for the parties jointly pray and agree that in stant petition may be disposed of finally though it has not been admitted formally. Accordingly, the Court proceeds to do so. An amount of Rs. 19, 350 is sought to be realised from the petitioner through the Citation dated 9-7- 1991 is sued by the respondent No. 5, a photostat copy whereof is Annexure-IVth to the petition. According to the averments made in the writ petition, the petitioner was awarded a contract by Nagarpalika of Khatima District Nainital respondent No. 1 for collection of slaughtering fee in the slaughter house of Khatima, district Nainital for a consideration of Rs. 29, 000. In the counter-affidavit filed on behalf of the respondent No. 1, it is asserted that out of contract money, the petitioner paid a total sum of Rs. 9, 550/ -. Thus, an amount of 19, 350 is still due against him. Therefore, for the purpose of recovery of this amount, the respondent No. 1 through its Administrator, the respondent No. 2, issued recovery certificate to the Collector, Nainital.
(3.) ON the basis of recovery certificate issued on behalf of respondent No. 1 the impugned citation has been issued to the petitioner. It is not disputed that the money sought to be recovered from the petitioner is not the land revenue, recoverable under U, P. Zamindari Abolition and Land Reforms Act, 1950, and that the said money is due under the contract awarded to the petitioner by the respondent No. 1.;