1983 INSC 0208
                                          Yogendra Sharma and Another

                                                           Vs

                                              State of U. P. and Others

                                   Writ Petition Nos. 4311 and 4312 of 1982

                               (A. P. Sen, E. S. Venkataramiah, R. B. Misra JJ)

                                                      23.08.1983

                                                     JUDGMENT

VENKATARAMIAH, J. ­

The petitioners in the above petitions are liable to pay certain dues to the State Bank of Patiala
which are recoverable under the U.P. Public Moneys (Recovery of Dues) Act, 1972 read with
Section 279 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Apprehending that they
would be arrested and detained by the revenue authorities concerned in the course of the recovery
proceedings the petitioners questioned in these petitions the constitutional validity of Section
279(1)(b) and Section 281 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 which
authorise the recovery of the arrears by the arrest and detention of the defaulter. In Ram Narayan
Agarwal v. State of U.P. ((1983) 4 SCC 276 : 1983 SCC (Tax) 322) we have upheld the
constitutional validity of the impugned provisions. The petitions are therefore, dismissed. It is open
to the revenue authorities to recover the amount due and payable by the petitioners in accordance
with law and in the light of the judgment delivered in Ram Narayan Agarwal case ((1983) 4 SCC
276 : 1983 SCC (Tax) 322). No costs.

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