Jitendra Kumar And Another vs State Of U.P. And 4 Others
2017 Latest Caselaw 5716 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 49119 of 2017
 

 
Petitioner :- Jitendra Kumar And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- C.K.Parekh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Bharati Sapru,J.

Hon'ble Siddharth,J.

We have heard learned counsel for the parties and perused the record.

This matter is covered by the decision of this Court rendered in the case of Civil Misc. Writ-C No. 35296 of 2013 (M/s. Maa Bhawani Rice Mill and another vs. State of U.P. through Special Secretary and others.), delivered on 24.02.2014.

Paragraph 67 of the aforesaid decision is quoted herein below :

"Thus, after taking into consideration the entire facts and circumstances, and while balancing individual interest of the petitioners on one hand, and the public interest on the other hand, we consider it expedient to direct the petitioners to deposit the price of paddy/ proportionate price of CMR @ Rs.1611.93 per quintal with the State Government within a period of one month from today. The petitioners will make a self calculation of the amount as per the figures of deficit CMR given in the impugned orders and deposit the same within the period stipulated above, without prejudice to their rights and contentions before the arbitrator. Amount already deposited under interim order of this Court or in pursuance of the recovery certificates issued in particular cases, shall be adjusted while calculating the amount due, to be deposited under this order. Only, on such deposit being made, all recovery proceedings and consequential action, including orders debarring/ blacklisting the millers from future hulling shall remain in abeyance. The Principal Secretary, Food and Civil Supplies will proceed to adjudicate upon the rival claims of the parties. The State Government as well as petitioners are free to file their respective statement of claims before the Arbitrator, who shall make all endeavour to conclude the arbitration proceedings within a further period of six months, uninfluenced by any observation made in this judgment. Recovery of any further sum from petitioners shall abide by the final outcome of the arbitration proceedings. Those who fail to deposit the price of paddy at the rate and within the timeframe as stipulated above, their writ-petitions will be deemed to be dismissed. In some cases, the petitioners have raised dispute regarding quantity of paddy received and / or the quantity of deficit CMR. It shall be open to those petitioners to raise such dispute also before the Arbitrator, but for making deposit of the amount as directed by this Court, the figures mentioned in the impugned orders will be assumed to be correct, failing which their writ petitions will be treated to be dismissed".

The present writ petition stands disposed of in the same terms as quoted herein above.

Order Date :- 25.10.2017

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