' MUHAMMAD JEHANGIR ARSHAD, J.---Iftikhar Ahmad, Tehsildar (Recovery), Food Department, Bahawalpur submits that on receipt of direction by. The District Collector/D.O.R., Bahawalpur vide Letter No,DRA 1057/554, dated 2-4-2001, he is effecting recovery of the disputed amount as arrears of land revenue and he is not aware of the orders, dated 13-2-2001 and 21-6-2001 passed by the Deputy Director Food, Bahawalpur Division, Bahawalpur that the loss of the government will be made good out of his pension/gratuity and after adopting all coercive measures as per law.
Further submits that neither the original certificate nor copy of the said certificate issued by the District Collector declaring the disputed amount as arrears of land revenue, is available with him.
2. The grievance of the petitioner in this petition is that through theabove-mentioned order the competent authority directed to recover the disputed amount out of petitioner's pension/gratuity.
Meaning thereby that unless the pension/gratuity amount is not sufficient to meet the total amount in dispute, the respondent has got no authority to use coercive measures including arrest or by forcing him to pay the disputed amount. The file produced by Iftikhar Ahmad, Tehsildar (Recovery) indicates that vide Letter No, FA-Recovery-639, dated 17-3-2001 issued by the Deputy Director Food, Bahawalpur Region, Bahawalpur, to the District Collector, Bahawalpur it was directed that certificate for recovery of the disputed amount as arrears of land revenue under the rule be issued and sent to his office so that Tehsildar posted for recovery of such amount may be directed to proceed to effect the recoveries as arrears of land revenue. Meaning thereby that the Collector had first to issue acertificate determining the amount as arrears of land revenue, he will then send the same to the Food Department and on the receipt of the said Certificate the Food Department would direct its Tehsildar for effecting the recovery of said amount but without adopting this course, the District Collector, Bahawalpur vide letter, dated 2-4-2001 himself directed the Tehsildar (Recovery), Food Department for effecting recovery of said A amount as arrears of land revenue which is not only in violation of direction of the parent department but also against the provisions of Land Revenue Act. Even otherwise, this Court is at a loss to understand as to how without obtaining original or certified copy of the certificate issued by the District Collector determining the disputed amount as arrears of land revenue as well as permission from the parent department i,e, Food Department, the Tehsildar Recovery can straightaway proceed with recovery of the disputed amount. It is due to non-availability of the original orders of the Food Department, dated 13-2-2001 and 21-6-2001 as well as proper certificate issued by the Collector determining the disputed amount as arrears of land revenue, Tehsildar recovery is proceeding to recover the disputed amount, otherwise it is clearly mentioned in both the orders, dated 13-2-2001 and 21-6-2001 that the disputed amount shall first be recovered from the pension/gratuity of the petitioner and adoption of coercive measures is a second phase. I am fortified in my above view by the case "Muhammad Akbar Cheema v. The Province of West Pakistan and another" (1984 SCM R 1047) and "Agricultural Development Bank of Pakistan v. Sana Ullah Khan and others" (PLD 1988 SC 67). In both the above cited judgments, it was held that no amount could be recovered as arrears of land revenue un less mandatory provisions of Land Revenue Act, 1967 for realization of amount as arrears of land revenue had been adopted and the amount due was properly determined, ascertained and duly certified.
3. In this view of the matter all the proceedings taken by the Tehsildar (Recovery) Food Department till date are declared without lawful authority. He is, however, at liberty to initiate fresh proceedings after obtaining all the relevant documents from the competent Authorities. He is also warned to be careful in future and should never proceed with recovery proceedings without obtaining original certificate or certified copy issued by the Collector determining certain amount as arrears of land revenue as well as permission from his department.
4. This writ petition stands disposed of.