2003 ALL. L. J. 2917 ::2004 A I H C 597 ::(2003) 95 RevDec 248 ::2003 All CJ 2 1307 ::(2003) 5 All WC 4012 ::(2003) 52 All LR 9

Allahabad High Court

Hon'ble Judge(s): R. K. Dash, V. N. Singh , JJ

U.P. Zamindari Abolition and Land Reforms Act (1 of 1951) , S.281— @page-ALJ2918Recovery of unpaid dues as arrears of land revenue - Arrest and detention in civil prison - Power as to - When can be exercised - Merely on failure of defaulter to discharge his liability upon receipt of demand notice, harsh method of arrest and detention to coerce him to make payment should not be resorted - When arrest and detention affects personal liberty of person, authority before taking recourse to such method must be satisfied that defaulter in spite of having sufficient means, has wilfully and with mala fide intention refused to pay - This satisfaction must be evident from order passed by the recovery authority for arrest and detention of defaulter. Civil P.C. (5 of 1908) , S.51, O.22 R.37— (Para 10)