Hon'ble Ritu Raj Awasthi,J.
List and connect with Writ Petition No. 10805 of 2009.Heard Sri S.C. Gupta for petitioner and the learned State Counsel.
After hearing the parties counsel at length we are of the opinion that the interest of the rice millers as well as of the State government shall stand protected, if as an interim measure, petitioner be allowed to supply the current 75% levy, subject to the condition that they will also supply the 25 percent levy towards the previous years i.e. they will supply 100% of the current produce of rice towards levy which shall be subject to further orders of this Court. The current levy (75%) shall be supplied at the present rates and the past levy (25%) shall be supplied at the then prevailing rates. This order will continue till further orders of this Court.
Pleas raised by the petitioner that they are not liable to pay previous levy as against the arguments of the learned counsel for the State that rice millers cannot be allowed to avoid payment of prescribed levy and that if such exemption is granted or they are allowed not to pay the levy of the previous years, it will defeat the whole purpose of the scheme of levy may be considered after the exchange of affidavits.
Order Date :- 6.1.2010 vks