Allahabad High Court
State Farm Corporation India Ltd. vs State Of U.P. & Others on 5 May, 2017
Bench: Devendra Kumar Arora, Ravindra Nath Mishra-Ii
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- MISC. BENCH No. - 491 of 1998
Petitioner :- State Farm Corporation India Ltd.
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- S.C. Misra,Dipak Seth
Counsel for Respondent :- C.S.C.,A.Kalra,B.B.Saxena,Y.Kesharwani
Hon'ble Dr. Devendra Kumar Arora,J.
Hon'ble Ravindra Nath Mishra-II,J.
1. Heard Shri Deepak Seth, learned counsel for the petitioner, Shri Badrul Hasan, learned Additional Chief Standing Counsel appearing for the State and Shri Asit Chaturevedi, learned Senior Advocate assisted by Shri Anand Dwivedi, learned counsels for the Union of India.
2. Learned counsel for the applicant presses the application for withdrawal of Rs. 25,00,000/- deposited in this Court in pursuance to the order dated 19.02.1998 on the ground that writ petition was finally disposed of by this Court vide order dated 8.7.2011, whereby this Court, while referring the matter to High Power Committee/Co-ordination Committees of both parties to find out the ways for amicable settlement, directed the Agriculture Secretary (Government of India), Principle Secretary (Forests), Govt of India, Law Secretary, Government of India as well as Legal Remembrancer, Government of U.P to look into the matter as indicated in the order and resolve the dispute within four months from the date of receipt certified copy.
3. He has further submitted that the High Power Committee so constituted by this Court had submitted its report on 06.01.2012, indicating therein that the matter pertaining to determination of lease rent shall be taken up again with State Government along with detailed justification of SFCI's stand. In the meantime, the State Government with regard to pending request for re-consideration of lease rent, may pay the differential amount i.e. Rs.5,02,26,783/-. However, the exact amount may be mutually worked out and SFCI be paid the differential amount by the State Government within a reasonable time.
4. It has also been pointed that before the aforesaid amount could be withdrawn, the State Farms Corporation of India Ltd got amalgamated with the National Seeds Corporation Ltd, a Government of India Undertaking and a company incorporated under the Companies Act, 1956 therefore, an application for change of the name in the cheque was moved so that the aforesaid amount (Rs. 25,00,000/-) may be released in compliance of the order dated 12.02.2014.
5. In contrast, learned Standing Counsel has submitted that instant writ petition has already been disposed of vide order dated 08.07.2011, therefore, no direction can be issued for changing the nature of finally decided writ petition.
6. Considering the peculiar facts of the case, a week's time is allowed to the learned Standing Counsel to file objection to the aforesaid application for change of name.
7. List thereafter.
Order Date :- 5.5.2017
Pachhere/-
