Court No. - 3
Case :- WRIT - C No. - 20536 of 2021 Petitioner :- M/S Meenu Rice Mill Akhapur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jameel Ahmad Azmi Counsel for Respondent :- C.S.C.,Liaqat Ali Siddiqui
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Jameel Ahmad Azmi, learned counsel for the petitioner; Sri Ram Gopal Tripathi, learned counsel appearing for respondent no.4 and learned Standing Counsel for the State-respondents.
2. Present writ petition has been filed for the following relief:
"A. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.4 i.e. District Manager, Pradeshik Cooperative Federation, Azamgarh to provide the statement of account of money to be deposited by the petitioner after deducting the facility of Handling Charges, Dry of Paddy, Milling Charges and Transport Expenses and the money which has been deposited by the petitioner in pursuance of the recovery citation."
3. Admittedly, the petitioner had earlier approached this Court by means of Writ - C No. 45942 of 2016, which was disposed of by the following order:
"Heard the learned counsel for the petitioner and Smt. Alpna Dwivedi, the learned counsel for respondent.
Against the recovery proceeding, the petitioner has filed the present writ petition and prays that he is willing to pay the amount provided some breathing space is given. The learned counsel for the respondents has no objection if the amount is paid in installments.
Considering the facts and circumstances of the case that has been brought on record, coupled with the fact that the petitioner is ready and willing to pay the amount, we dispose of the writ petition with the following directions:
(i) In the event, the petitioner deposits a sum of Rs. 4 lakh on or before 15.10.2016, no further recovery would be made. The balance amount would be paid in three equal installments.
(ii) The first installment shall be paid on or before 15th November, 2016, the second installment shall be paid on or before 15th January, 2017 and the third installment shall be paid on or before 15th March, 2017.
(iii) In the event of default in any of the installments, it would be open to the respondents to recover the amount forthwith."
4. Referring to contents of paragraph no.9 of the writ petition, it has been submitted that the petitioner has complied with the terms of the aforesaid order. Perusal of the same reveals that the petitioner had deposited Rs. 4,00,000/- on 16.12.2017 though there was a clear direction in the order dated 23.09.2016, to deposit the aforesaid amount on or before 15.10.2016.
5. In face of such non-compliance made by the petitioner of the order made in his favour and this writ petition being second petition for the same cause of action, we are not inclined to interfere under Article 226 of the Constitution of India.
6. In view of the above, present writ petition lacks merit and is accordingly dismissed.
Order Date :- 24.8.2021 Abhilash