Court No. - 32
Case :- WRIT - C No. - 36545 of 2019 Petitioner :- M/S Param Rice Mill And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Pandey Counsel for Respondent :- C.S.C.,Ram Gopal Tripathi
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the parties.
The supplementary affidavit filed in compliance of the order of this Court dated 14.11.2019 is taken on record. Delay in filing this writ petition is condoned.
The learned counsel for petitioner, after arguing the matter at some length, has confined his prayer to the extent that the respondent No. 3 may be directed to decide the representation dated 15.12.2016 (Annexure - 5 to the writ petition) moved by the petitioners.
This petition has been filed with prayer to issue the following reliefs:-
"a. Writ, order or direction in the nature of certiorari to quash the impugned citation dated 11.07.2014 (Annexure no. 3).
b. Writ, order or direction in the nature of mandamus directing the respondent no. 3 to decide the representation dated 15.12.2016 (Annexure no. 5) of the petitioners within stipulated period as fixed by this Hon'ble Court.
c. Issue such other further writ, order or direction which this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case.
d. Award the costs of the petition to the petitioners."
Perusal of the record shows that the petitioners to this writ petition are challenging the impugned citation dated 11.07.2014 after more than five years. No justifiable reason has been given by the petitioners as to why they have waited for a long period of more than five years to file the present petition.
The learned counsel for petitioners submits that they have deposited a sum of Rs. 12,61,000/- after issuance of the citation. It is for the authority concerned to verify whether, in fact, any amount has been deposited by the petitioners after issuance of the citation.
It is suffice to say that the money which has already been deposited by the petitioners after issuance of the citation in 2014 may be adjusted while recovering the outstanding amount from the petitioners.
With this observation, the writ petition stands finally disposed of.
Order Date :- 28.11.2019 LBY