Court No. - 40
Case :- WRIT - C No. - 36046 of 2018 Petitioner :- M/S New Bansi Brick Field And Another Respondent :- State Of U.P. And 2 Other Counsel for Petitioner :- Ram Autar Verma,Manoj Kumar Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard Sri Ram Avtar Verma, learned counsel for the petitioner and learned Standing counsel for the respondents.
In paragraph 17, the petitioner admits the liability of the royalty as against the demand notice dated 10.10.2018 for the year 2017-18.
The dispute is being raised however with regard to the royalty of the previous six financial years on several grounds including the ground that the recovery certificate was issued on 10.10.2018 that has been dispatched without determining the liability of the petitioner in accordance with law and without giving him any opportunity of hearing.
We have considered the submissions raised and we find that since the petitioner is already admitting the liability of the year 2017-18, the same shall be immediately deposited by the petitioner before the respondent Nos.2 and 3 forthwith without any delay.
So far as the demand of royalty under the recovery certificate for the previous six years is concerned, 50% of the said amount shall be deposited within one month from today.
The petitioner's objection with regard to the previous year liabilities shall be considered by the District Magistrate who will pass appropriate orders within six weeks informing the petitioner about his decision.
In the event, it is found that the petitioner is still liable to pay the amount over and above that is to be deposited by him as per our directions, then the petitioner shall also deposit the same before the said respondents.
Writ petition stands disposed off with the aforesaid direction.
Order Date :- 30.10.2018 saqlain