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M/S Modern Dairy Products v. State Of U.P. And Others - WRIT - C No. 32429 of 2001  RD-AH 91 (2 January 2006)
Hon'ble Yatindra Singh,J
This is a writ petition against the recovery issued by the respondent no.3 to recover the amount from the petitioner as arrears of land revenue.
We have heard the counsel for the petitioner, Sri Vinay Khare and the Standing Counsel for the respondents.
The petitioner has made a mention in the writ petition that this recovery relates to cash credit facility and there is no agreement between the parties that it can be recovered as arrears of land revenue. In view of Full Bench decision in Sharda Devi (Smt.) Vs. State of U.P. and others : (2001)3 UPLBEC 1941 such a recovery can not be made as arrears of land revenue.
In view of the aforesaid decision, the writ petition is allowed. The recovery proceedings are hereby quashed. However, it is made clear that in case any amount has been deposited in pursuance of this recovery or in pursuance of the interim order then it will not be returned to the petitioner but will be subject to final adjustment of the amount due against the petitioner. As we have quashed the recovery as arrears of land revenue, no recovery charges shall be levied against the petitioner. It will also be open to the Bank to recover the amount in accordance with law.
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