Court No. - 29
Case :- WRIT - C No. - 18929 of 2019 Petitioner :- M/S Bahuddeshiya Vipadan Sehkari Samiti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Sharma Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard Sri Namit Kumar Sharma, learned counsel for the petitioner and Sri S.C. Dwivedi, learned counsel appearing for the respondent No.4.
The petitioner is facing recovery of Rs.28,40,097/- of mandi dues. The said amount is being recovered as arrears of land revenue under Section 20(1) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964.
The submission of learned counsel for the petitioner is that the said amount has already been paid by the petitioner and it is only thereafter that its licence for the next year was issued. In this connection, he has relied upon the certificates and receipts of deposit.
Thus, the question which arises for consideration is whether the petitioner has actually made the aforesaid payment or the same are still due. It depends upon the verification of the record and the receipts produced by the petitioner.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with the direction that the petitioner may raise his grievance by means of a fresh representation before the Secretary, Krishi Utpadan Mandi Samiti, Moradabad, respondent No.4, though he has already submitted a representation in this regard on 2.4.2019, within a period of two weeks from today, and in case any such representation is made the respondent No.4 shall consider and decide the same in accordance with law most expeditiously, if possible within a period of six weeks from the date of filing of the representation. In the meantime, for a period of two months or till the decision of the representation, whichever is earlier, no coercive measures shall be taken against the petitioner for recovery of the disputed amount.
Order Date :- 29.5.2019 Brijesh