Court No. - 29
Case :- WRIT - C No. - 23363 of 2019 Petitioner :- M/S Sadhna Jewelers Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Singh,Manvendra Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Manvendra Nath Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner has preferred this writ petition challenging the recovery citation dated 19.06.2019 for a sum of Rs.37,60,213/- as royalty plus interest for the month of April, 2019.
The petitioner was granted lease for mining purposes on 29.05.2018. The said lease has been cancelled vide order dated 28.06.2019 and security amount deposited by the petitioner has been forfeited.
Submission of learned counsel for the petitioner is that the royalty amount for the month of April, 2019 be adjusted from the security amount and the balance be paid to him or that at least he should not be made liable for payment of royalty for the said month if the security is being forfeited.
The petitioner has admittedly not paid royalty for the month of April, 2019 and as such he is liable for its payment. Submission that he had surrendered the lease earlier is not tenable for the simple reason that there is no order accepting the surrender of the lease. In case, the petitioner wants any adjustment, the proper remedy available for him is to apply to the Collector concerned.
In veiw of the above, the writ petition has no merit and is
dismissed.
Order Date :- 30.7.2019 S.Sharma