High Court of Judicature at Allahabad
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Smt. Sushma Singh v. District Magistrate, Ballia And Others - WRIT - C No. 73814 of 2005  RD-AH 6852 (2 December 2005)
Hon'ble R.K.Agrawal, J.
Hon'ble Saroj Bala, J.
Notice on behalf of respondent nos. 1 and 2 has been accepted by the learned standing counsel. Let notice be issued to respondent no.3 returnable after four weeks.
Relying upon two Division Bench Decision of this Court in Murtaza Ali vs. Sub Divisional Magistrate (1970 ALJ 114) and Ashutosh Kumar Gupta vs. Nagar Palika, Samthar, Jhansi and others (1995 AWC1578) learned counsel for the petitioner submitted that the amount towards premium for the right to collect Tahbazari Tax cannot be recovered as an arrears of land revenue. The matter requires consideration. All the respondents shall file counter affidavit within six weeks. Rejoinder affidavit, if any, be filed within three weeks thereafter.
As an interim measure, it is provided that recovery for the amount of Rs. 7,16,100/- pursuant to the citation dated 1.9.2005 filed as annexures 2 and 3 shall remain stayed.
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