Court No. - 38
Case :- WRIT - C No. - 27426 of 2018 Petitioner :- Ramji And Sons Rice Mill And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- C.S.C.,Ved Byas Mishra
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Rahul Saxena, learned counsel for the petitioners, learned Standing Counsel appearing for the respondent no. 2 and Sri Ved Byas Mishra, learned counsel for the respondent no. 3.
The petitioner no. 1 has a registered Firm and was engaged in the business of running rice mill and hauling of the paddy in Custom Mill Rice (CMR) and petitioner no.
2 is the proprietor of the petitioner no. 1. Under the Control Order issued by the Government- respondent no. 1 provides that the State Government will supply paddy to the petitioners and the petitioners has to conduct the process of its hauling and produce rice. In the year 2003-04, the petitioner had supplied 67% of the rice produced by the petitioner to the respondent no. 1 and pursuant to Government Order having no. 3662/29.04.2003-05(30)/2003, the percentage of the recovery of CMR was reduced from 67% to 64% in the Western Uttar Pradesh. The petitioner made good deficiency. However, in the year 2018, recovery certificate has been issued for sum of Rs. 3,34,960/- and subsequently on 01.08.2018, an amended recovery certificate has been issued for sum of Rs. 3,85,857/-.
The claim of the petitioners is that after the lapse of 13 years, recovery certificates have been issued.
The matter requires consideration.
Sri Ved Byas Mishra, learned counsel appears for respondent no. 3 and learned Standing Counsel represents respondent no. 2. Both the counsel appearing for respondent nos. 2 and 3 may file counter affidavit within one month.
Till the next date of listing, no coercive action shall be taken against the petitioners for recovery of the amount, pursuant to the aforesaid recovery certificates.
Order Date :- 21.8.2018 KU (Rajiv Gupta,J.) (Abhinava Upadhya,J.)