Court No. - 2 Case :- WRIT - C No. - 39993 of 2010 Petitioner :- Sarik Ahmad Respondent :- State Of U.P. And Others Petitioner Counsel :- Ravi Prakash Srivastava Respondent Counsel :- C.S.C.,V.K. Dixit Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner and Sri Vijay Kumar
Dixit, learned counsel for the respondents.
By this writ petition, petitioner has prayed for a mandamus
commanding the respondent No.4 not harass the petitioner and not
to take any coercive action without issuing copy of Recovery
Certificate to him.
Petitioner’s case in the writ petition is that petitioner is a tenant of
Zila Panchayat. The rent against the petitioner being due, the Zila
Panchayat has initiated proceedings for recovery of the dues
through Tehsildar although the petitioner has deposited certain
amounts to the Tehsil authorities.
Learned counsel for the petitioner submits that the Tehsil
Authorities without giving any recovery citation have initiated the
recovery proceedings.
In view of the above, we find no error in the initiation of recovery
proceedings. Petitioner has not been able to inform as to how
much rent he has paid. Petitioner being a defaulter is not entitled
for any relief. So far as copy of recovery citation is concerned, we
provide that if petitioner makes any application to the respondent
No.2 for issuance of recovery citation, the recovery certificate
shall be provided to the petitioner within two weeks from the date
of filing of the application.
Subject to the above observations, the writ petition stands
dismissed.
Order Date :- 13.7.2010
Shiraz