Court No. - 32
Case :- WRIT - C No. - 6494 of 2018 Petitioner :- Rahman Traders Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Achint Ranjan Singh,Ramesh Singh Counsel for Respondent :- C.S.C.,C.K.Parekh
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
Heard learned counsel for the petitioner, learned Standing Counsel, learned counsel for the Nagar Nigam and perused the record.
The present writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the recovery certificate dated 25.1.2018 and citation dated 1.2.2018 with further prayer to issue writ, order or direction in the nature of mandamus directing the respondent nos.2, 3 and 4 not to proceed recovery proceeding against the petitioner in pursuance recovery certificate dated 25.1.2018 and citation dated 1.2.2018.
Learned counsel for the petitioner submitted that contract was given to the petitioner for running barat ghar in the year 2016. Since the petitioner could not deposit the amount in the year 2017-18 hence notice was issued for depositing of the same on 31.3.2017, thereafter, notice was issued again. Vide order dated 12.12.2017 contract of the petitioner was cancelled and security money was also forfeited. The detailed representation dated 30.12.2017 was given, however, without considering the representation the recovery certificate was issued to recover the due amount as arrears of land revenue. He further submitted that crockery, other articles, furniture to the tune of Rs.20 lac have also been sealed without giving any opportunity to remove the same and the same has not been returned to the petitioner. He further submitted that during pendency of the writ petition dues have already been deposited by the petitioner on 20.2.2018 now the direction be issued to permit the petitioner for removal of his articles sealed inside the varanda.
Learned Standing Counsel and learned counsel for the Nagar Nigam opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties. If the amount due against the petitioner has already been deposited and the application is moved before the respondent no.2 for return of the article belonging to him, the same shall be returned permitting the petitioner to take out those articles within 3 days after moving of the application and if the amount has already been deposited there is no question of executing the recovery certificate and no action has to be taken in pursuance of the recovery certificate issued by the respondent no.4.
Accordingly, present writ petition is finally disposed off.
Order Date :- 27.2.2018 Pramod