M/S. R.B. Ent Udyog And Others vs State Of U.P.And Others
2016 Latest Caselaw 3060 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 9726 of 2004
 

 
Petitioner :- M/S. R.B. Ent Udyog And Others
 
Respondent :- State Of U.P.And Others
 
Counsel for Petitioner :- Manish Goyal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Shamsher Bahadur Singh,J.

1. It is contended that under Rule 58 of U.P. Minor Mineral (Concession) Rules, 1963 (herinafter referred to as 'Rules 1963') if notice is served and still payment is not made within the period prescribed therein, thereafter interest would be chargeable on the amount of rent, royalty, demarcation fee etc.

2. In the present case, notice was served upon petitioners on 31.08.2001 and 31.10.2001 and within period mentioned therein, demanded amount of royalty was paid. Hence, no interest was chargeable. No counter affidavit has been filed by respondents till date, despite time having being granted on 10.03.2004. Despite repeated query, learned Standing Counsel is not able to tell as to under which provision petitioners are liable to pay interest.

3. Let respondents no. 2 and 3 appear before this Court on 31.05.2016 to explain as to under which provision interest has been demanded and also why counter affidavit has not been filed though more than ten years have passed.

4. Let a copy of this order be made available to learned Standing Counsel by tomorrow for communication to concerned respondents.

5. List/put up on 31.05.2016.

Order Date :- 26.5.2016

Pravin