Court No. - 35
Case :- WRIT TAX No. - 115 of 2019 Petitioner :- Om Prakash Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Piyush Agrawal,J.
Heard Sri K.K. Yadav, learned Counsel for the petitioner and Sri Vinod Kant, learned Additional Advocate General assisted by Sri B.P. Singh Kachhawah, learned Standing Counsel for the respondents-State.
The petitioner is faced with a recovery of Rs.2,00,558/- by recovery certificate dated 22.01.2018 but is ready and willing to pay the amount in easy instalments.
Learned Standing Counsel has no objection in accepting the amount in easy instalments.
Accordingly, this Court fixes four equal instalments for the petitioner at an inter-well of 15 days starting from today, the first instalment will become payable by 14th of February, 2019. The rest three instalments will be paid with a gap of 15 days as stated above.
It is made clear that any amount already deposited by the petitioner shall be given due adjustment.
In case, the petitioner deposits the amount as stated above, no coercive measures shall be taken against the petitioner.
Failure to deposit any instalment within time as stated above will leave it open to the respondents to proceed against the petitioner in accordance with law.
Insofar as the penalty is concerned, it is open to the petitioner to file an appeal before the appropriate authority.
With the aforesaid observations, the writ petition stands disposed of. No costs.
Order Date :- 29.1.2019/S.P.