Md. Taslimuddin, Son of Late Amjad Ali v. Union of India through the Ministry of Urban Affairs and Employment, Nirman Bhawan, New Delhi
2017-01-24
HEMANT GUPTA, SUDHIR SINGH
body2017
DigiLaw.ai
JUDGMENT Hemant Gupta, J. 1. The challenge in the present Letters Patent Appeal is to an order passed by Learned Single Bench on 10.05.2016 whereby, the proceeding initiated against the appellant for recovery of arrears of use and occupation of Bungalow No. 2, Motilal Nehru Marg, New Delhi, was dismissed. 2. The appellant was a Member of Parliament. He was allotted such Bungalow as Member of Parliament. The allotment of the Bungalow was cancelled with effect from 26.05.1999 after dissolution of 12th Lok Sabha on 26.04.1999. But since, the appellant did not vacate the Bungalow allotted, the proceedings for recovery of the arrears of rent on account of use and occupation of the Bungalow were initiated and allowed against him under the Revenue Recovery Act, 1890 by the Assistant Collector, New Delhi. 3. Two recovery certificates were forwarded to the Collector, Araria, for recovery of Rs. 10,26,919/- as Annexure-‘F’ and Rs. 6,616/- Annexure-‘F/1’ on 05.12.2001 and 14.12.2001 respectively. The appellant was served with the notice by the Collector, Araria, with the notice of such proceedings as Recovery Certificate Case Nos. 11/2010-11 and 12/2010-11 with the next date as 10.03.2011. 4. The appellant challenged such recovery proceeding by filing (C.W.J.C. No. 4910 of 2012 -Md. Taslimuddin Vs. The Union of India & Ors.) before this Court. The said writ application was disposed of on 16.03.2012 with the liberty to the appellant to file objection under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914. In terms of such objection filed, the Collector, Araria, passed an order on 20.01.2014 (Annexure-12), rejecting the objection raised by the appellant that the demand is time barred. The said order was challenged before the Writ Court by filing a writ application. The said writ application stands dismissed on 10.05.2016, the order impugned is in the present Letters Patent Appeal. 5. The Revenue Recovery Act, 1890 prescribes the procedure of recovery of public demands and also contemplates that in case the arrears of land revenue cannot be recovered by the Collector, who issued certificate, the recovery certificate should be forwarded to the Collector in the area from where such recovery can be affected. The relevant Sections 3 and 4 of the said Act read as under: 3.
The relevant Sections 3 and 4 of the said Act read as under: 3. Recovery of public demands by enforcement of process in other districts than those in which they become payable,- (1)Where an arrear of land-revenue, or a sum recoverable as an arrear of Land revenue, is payable to a Collector by a defaulter being or having property in a district other than that in which the arrear accrued or the sum is payable, the Collector may send to the Collector of that other district a certificate in the form as nearly as may be of the Schedule, stating :- (a) the name of the defaulter and such other particulars as may be necessary for his identification, and (b) the amount payable by him and the account on which it is due (2) The certificate shall be signed by the Collector making it or by any officer to whom such Collector may, by provided by this Act, shall be conclusive proof of the matters therein stated. (3) The Collector of the other district shall, on receiving the certificate, proceed to recover the amount therein as if it were an arrear of land-revenue which had accrued in his own district. 4. Remedy available to person denying liability to pay amount recovered under last foregoing section,-(1) When proceedings are taken against a person under the last foregoing section for the recovery of an amount stated in a certificate that person may if he denies his liability to pay the amount or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, instituted a suit for the repayment of the amount or the part thereof so paid. (2) A suit under sub-section (1) must be instituted a Civil Count having jurisdiction in the local area in which the office of the Collector who made the certificate is situated and the suit shall be determined in accordance with the law in force at the place where the arrear accrued or liability for the payment of the sum arose. (3) In the suit the plaintiff may, notwithstanding anything in the last foregoing sections, but object to the law in force at the place aforesaid, give evidence with respect to any matter stated in the certificate.
(3) In the suit the plaintiff may, notwithstanding anything in the last foregoing sections, but object to the law in force at the place aforesaid, give evidence with respect to any matter stated in the certificate. (4) This section shall apply if under this Act as in force as part of the law of Pakistan or Burma or under any other similar Act forming part of the law of Pakistan or Burma, proceedings are taken against a person in Pakistan or Burma, as the case may be, for the recovery of an amount stated in a certificate made by a Collector in any State to which this Act extends. 6. It is in pursuance of Section 3(1), the recovery certificate issued by the Assistant Collector, New Delhi, was forwarded to the Collector, Araria. The Collector Araria, thus in the circumstances was executing the recovery certificate issued by the Collector, New Delhi, and not in terms of the provisions of Bihar & Orissa Public Demands Recovery Act, 1914. 7. The remedy of the appellant against such recovery proceeding is contemplated under Section 4 of the Act i.e., by filing a civil suit. The appellant cannot challenge such proceedings as if the proceedings were initiated against him under the Bihar & Orissa Public Demands Recovery Act, 1914. No proceedings were started against him under the said Act. The appellants cannot challenge such proceedings merely because the notice was issued in the performa prescribed from Bihar & Orissa Public Demands Recovery Act, 1914. The remedy of the appellant was to file civil suit at the place from which the original certificate was issued. 8. We do not find any merit in the Letters Patent Appeal. Consequently the appeal is dismissed.