Titawi Sugar Complex Thru' ... vs State Of U.P. & 10 Others
2014 Latest Caselaw 5940 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - C No. - 46622 of 2014
 

 
Petitioner :- Titawi Sugar Complex Thru' General Manager (Legal)
 
Respondent :- State Of U.P. & 10 Others
 
Counsel for Petitioner :- Diptiman Singh
 
Counsel for Respondent :- C.S.C.,Ravindra Singh
 

 
Hon'ble Tarun Agarwala,J.

Hon'ble Dr. Satish Chandra,J.

The present writ petition has been filed praying for the quashing of the demand of recovery charges @ 10%. The petitioner has relied upon a decision of the Full Bench in the case of Maharajwa and others Vs. State of U.P. and others 2013 (1) ADJ 426, wherein it has been held that in the event recovery charges has been made by invoking the provisions of the U.P. Z. A. L.R. Act, then in that event the fee prescribed under 1952 Rules for the various process would be applicable especially where the petitioner deposits the arrears directly to the Co-operative society. This aspect has not been considered by the District Magistrate in the impugned order.

Standing counsel appearing for the respondent nos. 1 to 4 and Sri Ravindra Singh appearing for respondent nos. 5 to 11 will file a counter affidavit within three weeks. 

List on 26.09.2014 for admission.

In the meanwhile, the demand notice dated 21.06.2014, demanding 10% collection charges shall remain stayed.

Order Date :- 5.9.2014

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(Dr. Satish Chandra,J.) (Tarun Agarwala,J.)