Court No. - 29
Case :- WRIT - C No. - 19679 of 2019 Petitioner :- Mahadev Trading Co.
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Janardan Prasad Tripathi Counsel for Respondent :- C.S.C.,Archit Mandhyan
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and Sri Kartikeya Saran, learned counsel for the Krishi Utpadan Mandi Samiti, Khair, Aligarh.
The petitioner is aggrieved by the recovery certificate dated 24.1.2019 whereby a sum of Rs.6,60,000/- is sought to be recovered from him by the Krishi Utpadan Mandi Samiti, Khair, Aligarh.
The petitioner was allotted Shop No. C-10 in the Mandi Samiti, Khair, Aligarh, on his highest bid of Rs.8,00,000/- on annual user charges of Rs.5490/-. The allotment was with the specific condition that the petitioner would pay half of the premium amount of Rs.4,00,000/- immediately and the balance would be payable within a period of three months. In case there is default in the payment of the amount, the allotment would stand cancelled and amount deposited would be forfeited. Accordingly, he has been issued notices, one of which is dated 24.1.2019 to deposit the balance premium amount of Rs.4,00,000/- along-with interest i.e. Rs.2,60,000/- total comes to Rs.6,60,000/- failing which the allotment would be cancelled and the deposited amount would be forfeited.
The submission of learned counsel for the petitioner is that after the allotment the petitioner realised that he is unable to pay the premium amount and therefore he had made application dated 02.09.2013 and 29.5.2014 surrendering the allotment of the shop and not to forfeit the amount already deposited by him.
Learned counsel appearing for the Mandi Samiti on the instructions submits that no such application dated 02.09.2013 was ever submitted by the petitioner and since the petitioner has not replied to any of the notices, the proceedings for cancellation of the allotment of the shop remains pending. However, since the premium amount has not been deposited, the same has been directed to be recovered as arrears of land revenue.
In view of the aforesaid facts and circumstances and in the interest of justice, we direct the petitioner to furnish his reply to the notice of the Mandi Samiti, Khair, Aligarh, dated 24.01.2019 within a period of two months from today. In the event any reply is submitted, the Secretary, Mandi Samiti, Khair, Aligarh, on consideration of the same shall pass an appropriate speaking order in accordance with law keeping in mind the terms and conditions of the allotment, if possible, within a period of six weeks from the date of production of a copy of this order before him which the counsel for the petitioner undertakes to furnish within two weeks.
The realisation of the amount under the recovery shall be subject to the decision of the Secretary, Mandi Samiti, Khair, Aligarh as aforesaid.
The writ petition is disposed off. Order Date :- 31.5.2019 Nirmal