M. K. Gupta And Others vs State Of U.P. & Others on 28 January, 2010

Court No. - 36

Case :- WRIT - C No. - 44878 of 2009

Petitioner :- M. K. Gupta And Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Manish Goyal
Respondent Counsel :- C. S. C.

Hon'ble Prakash Krishna,J.

Hon’ble Yogesh Chandra Gupta,J.

Admit and connect with writ petition no. 17469 of 2006.

One of the issues raised in the present writ petition is whether the recovery of
more than Rs. ten lacs can be made under U.P. Public Money (Recovery of
Dues ) Act, 1972 as arrears of land revenue.

We have been informed that the matter is already engaging attention of the
Apex Court by its Larger Bench in the case of R. K, Diwan Vs. State. Sri
Anurag Khanna, learned counsel for the respondents very fairly accepts the
above position.

In view of the above, by way of interim measure it is provided that the
respondents shall not auction the property of the petitioners till further orders.

Order Date :- 28.1.2010
ALS