High Court of Judicature at Allahabad
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Syed Shamim Anwar v. Asst. Collector/Asst. Commissioner, Trade Tax, Secot-9 & Ors - WRIT TAX No. 1179 of 2006  RD-AH 12436 (27 July 2006)
Hon'ble R.K.Agrawal, J.
Hon'ble Vikram Nath, J.
Against the recovery of Rs.4,49,28,000/- which is sought to be recovered as arrears of land revenue vide recovery certificate, filed as Annexure 7 to the writ petition, the petitioner has filed his objection before the Assistant Collector/Assistant Commissioner, Trade Tax Sector-9, Agra, respondent no.1, a copy of which has been filed as Annexure 8 to the writ petition.
The submission is that the petitioner has no movable or immovable property and whatever movable or immovable property he possesses, has already been attached by the authorities and, therefore, he cannot be arrested in connection with the realization of the said amount.
Without going into the controversy as to whether the petitioner possesses sufficient means to pay the entire amount, we deem it fit and proper to direct the respondent no.1 to take a final decision on the objection filed by the petitioner within two weeks from today. For a period of two weeks the petitioner shall not be arrested. However, it will be open to the authorities to recover the amount in any other process. It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
The writ petition is disposed of with the aforesaid observations.
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