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Yogendra Sharma and anr. Vs. State of U.P. and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberWrit Petition Nos. 4311 and 4312 of 1982
Judge
Reported inAIR1984SC26; 1984Supp(1)SCC606
ActsUttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 279(1) and 281
AppellantYogendra Sharma and anr.
RespondentState of U.P. and ors.
Cases ReferredIn Ram Narayan Agarwal v. State of Uttar Pradesh Writ Petns. Nos.
Excerpt:
.....thereupon some of the candidates whose applications for admission were rejected filed writ petitions before the high court of mysore for quashing the orders issued by the government and for directing that they shall be admitted in the colleges strictly in the order of merit. the high court rejected the contentions raised on points of law but found that the selection committee has abused its power and directed that the petitioners be interviewed afresh and admissions be made in accordance with the government order and letter which were declared valid. before this court it was contended that the government letter was invalid inasmuch as it did not comply with the provisions of art. 166 of the constitution. the next contention was that the government had no power to appoint a..........moneys (recovery of dues) act. 1972 read with section 279 of the u.p. zamindari abolition and land reforms act. 1950. apprehending that they would be arrested and detained by the revenue authorities concerned in the course of the recovery proceedings the petitioners questioned in these petitions the constitutional validity of section 279(1)(b) and section 281 of the u.p. zamindari abolition and land reforms act. 1950 which authorise the recovery of the arrears by the arrest and detention of the defaulter. in ram narayan agarwal v. state of uttar pradesh writ petns. nos. 1110 of 1980 etc. etc, decided today (reported in 1983 tax lr 3008). we have upheld the constitutional validity of the impugned provisions. the petitions are. therefore, dismissed. it is open to the revenue.....
Judgment:

E.S. Venkataramiah, J.

1. The petitioners in the above petitions are liable to pay certain dues to the State Bank of Patiala which, are recoverable under the U.P. Public Moneys (Recovery of Dues) Act. 1972 read with Section 279 of the U.P. Zamindari Abolition and Land Reforms Act. 1950. Apprehending that they would be arrested and detained by the revenue authorities concerned in the course of the recovery proceedings the petitioners questioned in these petitions the constitutional validity of Section 279(1)(b) and Section 281 of the U.P. Zamindari Abolition and Land Reforms Act. 1950 which authorise the recovery of the arrears by the arrest and detention of the defaulter. In Ram Narayan Agarwal v. State of Uttar Pradesh Writ Petns. Nos. 1110 of 1980 etc. etc, decided today (reported in 1983 Tax LR 3008). we have upheld the constitutional validity of the impugned provisions. The petitions are. therefore, dismissed. It is open to the revenue authorities to recover the amount due and payable by the petitioners in accordance with law and in the light of the judgment delivered in Ram Narayan Agarwal's case (supra). No costs.


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