Court No. - 29
Case :- WRIT - C No. - 30302 of 2019 Petitioner :- M/S. G.G. Contractor And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gopal Misra Counsel for Respondent :- C.S.C.,Shyam Mani Shukla
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Gopal Misra, learned counsel for the petitioner and Sri Shyam Mani Shukla, learned counsel for the Nagar Nigam, Agra.
Petitioners were awarded a contract for realizing parking fee for the year 2017-18 by the Nagar Nigam, Agra. In connection with said contract of realizing parking fee, petitioners have been served with the recovery citation dated 20.5.2019 for a sum of Rs.34,97,236/-.
The submission of the learned counsel for the petitioners is that the aforesaid amount is not recoverable as arrears of land revenue and that petitioners are not a defaulter rather the Nagar Nigam, Agra could not provide proper parking place so as to enable the petitioners to realize any parking fee.
The aforesaid aspect of the matter whether the petitioners were provided with the parking place or they could not realize the parking fee are factual matters.
Moreover, the petitioners are also disputing the factum of the amount sought to be recovered which also has to be adjudicated upon. The petitioners in this regard has already submitted a representation dated 27.6.2019 filed as Annexure-10 to the writ petition before the respondent no. 3.
In view of the aforesaid facts and circumstances, we consider it appropriate to dispose off the writ petition with direction to the respondent no. 3 to consider and decide the aforesaid representation of the petitioners in accordance with law most expeditiously, preferably within a period of two months from the date of copy of this order is produced before him. For a period of three months or till the said representation is decided whichever is earlier, the impugned recovery shall not be pressed against the petitioners.
The writ petition is disposed off. Order Date :- 26.9.2019/Ishan