Court No. - 32
Case :- WRIT - C No. - 42335 of 2019 Petitioner :- Rahul Pandey Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Aprajit Yadav,Shyam Lal Yadav Counsel for Respondent :- C.S.C.,Alpana Dwivedi
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner, Mr. Ram Gopal Tripathi, learned counsel for the respondent respondent No. 3 and learned Standing Counsel for the State respondents.
Learned counsel for the petitioner does not dispute the amount which is sought to be recovered from him.
The petitioner is a registered Firm and was engaged in the business of running rice mill and hulling of the rice in Custom Mill Rice (in short "CMR").
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Admittedly, petitioner was supplied paddy for the purpose of hulling the rice after milling it but he failed to return it, as such, recovery certificate dated 29.11.2019 was issued against him.
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Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount in easy instalments. Mr. Ram Gopal Tripathi, learned counsel for the Respondent No. 3 states that the anxiety of PCF, Prayagraj is that the amount should be recovered back and has no objection if the instalments are fixed in the matter by this Court.
Accordingly, this writ petition is disposed of with the following directions:
(i) Petitioner shall deposit a sum of Rs. 7,50,000/- (rupees seven lacs & fifty thousands only) on or before 31.3.2020 with the concerned authority and the rest of the outstanding amount shall be deposited in four equal instalments at the interval of three months i.e. on 30.6.2020, 30.9.2020, 31.12.2020 and 31.3.2021 respectively. These deposits shall be made before the authority concerned.
(ii) Recovery proceedings during this period shall remain in abeyance. In case petitioner commits default in depositing any of the aforesaid instalments within the stipulated period of time, it will be open to the respondents to start the recovery proceedings again by taking coercive process.
(iii) Petitioner may file an application for supply of statement of account/details of payments to be made by the petitioner along with the duly stamped self addressed envelope. In case any such application is filed, the concerned authority will give the same to the petitioner after deposit of the first instalment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(iv) If any fact stated by the petitioner is found to be incorrect, it will be open for the concerned authorities to move an application for modification/recall of the order.
(v) In case all the instalments are deposited as per the schedule fixed, the petitioner may approach the Collector concerned for waiving the recovery charges, if any. In the event such an application is filed, it shall be dealt with in accordance with law by the authority concerned.
Order Date :- 19.12.2019 vinay