1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR SPL. APPL. WRIT No. 201 of 2001 STATE OF RAJ. & ORS V/S KALYAN GRAH NIRMAN SHAKARI SAMITI,JALORE Mr. SUNDEEP BHANDAWAT, AGC, for the appellant None present for the respondent Date of Order : 7.7.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI GOVIND MATHUR,J. ORDER ----- Nobody appears for the respondent. The State has filed this appeal seeking to challenge the order of the learned Single Judge, allowing the writ petition while quashing the notices, Annex.4, 6 and 11. The three notices were given by the appellant to the respondent calling upon the respondent to make payment of the amount mentioned therein said to be recoverable on account of audit objection as it was alleged that it has been irregularly disbursed. Annex.6 was issued as a citation under Section 229 of the Rajasthan Land Revenue Act, 1956 (hereinafter to be referred to as the Act) in form No.2. Then that notice was challenged by the respondent by way of S.B.Civil Writ Petition No.587/92, that was disposed of as premature, by observing that it is only a notice, and the petitioner may submit his reply, which would be considered. Then again notice Annex.11 has been issued. Obviously, notice, Annex.6 and 11 have been issued under Chapter 10 of the Act, which provides for 2 recovery of amounts “recoverable by the State Government as arrears of land revenue”. The learned Single Judge relied upon a Single Bench Judgment of this Court dated 18.5.1999 passed in S.B.Civil Writ Petition No.5163/91, another Division Bench Judgment of this Court in Ganesha Ram Vs. Collector, Jalore reported in 1968 RLW 95, and found that no recovery can be made from the writ petitioner under Section 256 of the Act. We have heard learned counsel for the appellant. Before proceeding further, it may be observed that Chapter 10, wherein Section 228 and 229 find place, is a Chapter providing for collection of revenue, obviously therefore, in order to proceed under this Chapter, the amount sought to be recovered should be revenue. Section 256 of the Act provides rather enlist the nature of money, which may be recovered under the Act in the same manner as an arrear of revenue. Obviously therefore, in order to proceed under this Chapter 10, the amount sought to be recovered should fall in either or more of the clauses (a) to (e) of Section 256. For the present, we may gainfully quote the provisions of Section 256, which read as under:- “256. Recovery of miscellaneous revenue and other moneys- The following moneys may be recovered under this Act in the same manner as an arrear of revenue- (a) all sums of money declared by this Act or by any law for the time being in force, other than the Rajasthan Public Demands Recovery Act, 1962 (Rajasthan Act 5 of 1952)- (i) to be recoverable as an arrear of revenue and revenue of rent, or (ii) to be demand or public demand or to be recoverable or realisable as a demand or a public demand or as an arrear of a demand or a public demand; (b) all sums of money payable to the State Government or to a department or an officer of 3 the State Government or to a local authority on account of rates, duties taxes, charges or other dues under any law or rule having the force of law, notwithstanding that such law of rule does not declare the same to be recoverable or realisable as an arrear of revenue or land revenue or rent or to be a demand or a public demand or to be recoverable as an arrear of a demand or a public demand; (c) all sums of money payable to the State Government or to a department or an officer of the State Government or to a local authority- (i) by way of fees, fines, penalties, compensation of costs imposed or awarded by any authority, not being a civil or criminal court, under this Act or under any other law for the time being in force, or (ii) on account of pasturage, forest rights, fisheries mills, natural products of land, water-rates, irrigation charge, maintenance and management of irrigation works and the like; (d) all rents, premia, cesses, rates, fees and royalties due to the State Government on account of the use or occupation of land or water or other immovable property, whether belonging to the State Government or not, or on account of any products thereof or proceeds therefrom or on any other account; (e) all sums of money due to the State Government under any grant, lease or contract which provides that they shall be recoverable as arrear of revenue or land revenue.” The bare perusal of the aforesaid Section leaves no manner of doubt, that it provides an exhaustive definition of the amounts of the specified nature, which can be “recovered as arrear of land revenue”, it includes all sums of money due to the State Government under any grant, lease or contract also, but then with the rider that such lease, grant or contract must provide that the sums of money “shall be recoverable as arrears of revenue or land revenue”. In our view, the thrust of the Section is, that the amount should be defined or provided, whether under this Section, or under any other provision, under which recovery arises to be “recoverable as arrear of revenue”, 4 or “arrear of land revenue”. In the present case, learned counsel for the appellant could not show any Rule, statutory provision, or stipulation in the contract, which might be providing that the amounts claimed by the appellant under audit objection are recoverable as arrear of revenue, or as arrear of land revenue. That being the position, we do not find any ground to interfere with the impugned order. The appeal is, therefore, dismissed. ( GOVIND MATHUR ),J. ( N P GUPTA ),J. /tarun/