Court No. - 40
Case :- WRIT - C No. - 61475 of 2016 Petitioner :- M/S K.V. Ice Cold Storage And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yashwant Singh,Y.S. Sachan Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners and Sri Chandan Agarwal, learned counsel for the respondent-bank.
This writ petition has been filed for quashing the communication dated 21.10.2016 (Annexure No.7) to the writ petition whereby through this office memorandum, the petitioner has been called upon to deposit a sum of Rs. 1,84,000.00 that had been extended as a benefit of exemption to the petitioner under the orders of the Superintending Engineer and the Executive Engineer.
Learned counsel for the petitioners has invited the attention of the Court to the order of the Superintending Engineer dated 04.01.2011 and the order of the Executive Engineer dated 04.05.2012 (Annexure Nos. 2 and 5 respectively) whereunder the said relief is said to have been granted to the petitioners.
A counter affidavit has been filed to which a rejoinder affidavit has also been filed by the petitioner.
From a perusal of the facts on record we find that the exemption which had been extended to the petitioners by the Superintending Engineer and the Executive Engineer stood withdrawn by the impugned communication dated 21.10.2016 on the ground that the Regulatory Authority had issued the exemption orders only for the year 2006-2007 whereas the said benefit has been extended to the petitioners for the period between April 2009 to October 2010.
Learned counsel for the petitioners submits that the petitioners are otherwise entitled to rebate under the tariff scheme which has not been considered. There is no such relief claimed in the writ petition but in the event any such exemption is warranted, the same would be a separate cause of action. So far as the present relief prayed for is concerned, the same cannot be granted as no violation of law could be pointed out.
The writ petition is consigned to records without prejudice to the rights of the petitioners to claim any exemption to which it may be entitled to in accordance with law.
Order Date :- 30.5.2018 Monika