Allahabad High Court
M/S C L Gupta And Sons vs State Of U P And 2 Others on 1 February, 2024
Bench: Anjani Kumar Mishra, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:17084-DB
Court No. - 3
Case :- WRIT - C No. - 2292 of 2019
Petitioner :- M/S C L Gupta And Sons
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Birendra Singh
Counsel for Respondent :- C.S.C.
alongwith
Case :- WRIT - C No. - 3606 of 2019
Petitioner :- Manish Kumar Mishra
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Mukesh Prasad
Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Hon'ble Jayant Banerji,J.
1. Heard counsel for the petitioner and learned Standing Counsel.
2. In Writ-C No.16647 of 2020 (M/s Hardik Distributors Pvt. Ltd. vs. State of U.P. & 2 Ors.) and connected petitions, the following order had been passed:-
"1. Heard Sri Mukesh Prasad, learned senior advocate assisted by Sri Raghav Naiyar, Sri Tarun Jha, Sri Ashish Mehrotra, Sri Virendra Singh, learned counsels for the petitioners and Sri Pradeep Kumar Tripathi, learned standing counsel for the State-respondents.
2. Learned counsels for the petitioners jointly submit that their challenge in this batch of writ petitions is confined only to the liability of District Mineral Foundation Trust levy (for short 'DMF'), which, although, is concluded by a Division Bench judgment of this Court dated 15.11.2017 in Writ-C No.54052 of 2017 (Chandra Bhan Singh Vs. State of U.P. and others), yet Petition for Special Leave to Appeal (C) No.35161 of 2017 (Chandra Bhan Singh vs. The State of Uttar Pradesh and others) is pending before Hon'ble Supreme Court in which an interim order dated 09.01.2018 has been passed, as under:
"Issue notice returnable within two weeks.
Dasti, in addition, is also permitted.
In the meanwhile, the petitioner will deposit the statutory royalty and furnish a bank guarantee to the satisfaction of the District Magistrate, Kanpur Nagar, Kanpur, Uttar Pradesh of the balance amount of royalty claimed by the respondent.
On furnishing bank guarantee, the demand notice shall remain stayed."
3. Learned counsels for the petitioners jointly submit that interim order similar to the interim order passed in the aforesaid Petition for Special Leave to Appeal (C) No.35161 of 2017 have also been granted in this batch of writ petitions and the the same are operating. They further jointly submit that the aforesaid Petition for Special Leave to Appeal (C) No.35161 of 2017 has not yet been decided.
4. We find that this batch of writ petitions are pending in this court from last several years. Therefore, we propose to dispose of all these writ petitions, providing as under:
(i) All the writ petitions are disposed of in terms of the Division Bench judgment of this court dated 15.11.2017 in Writ-C No.54052 of 2017, which shall be subject to the final decision of Hon'ble Supreme Court in the Petition for Special Leave to Appeal (C) No.35161 of 2017 (Chandra Bhan Singh vs. The State of Uttar Pradesh and others) and in the event, the aforesaid Petition for Special Leave to Appeal is allowed or any relief is granted by Hon'ble Supreme Court, then the respondents shall extend the relief so granted to all the petitioners of this batch of writ petitions and the concerned respondents shall also pass appropriate orders in the matter of the petitioners in terms of the final decision of Hon'ble Supreme Court including directions for release of Bank Guarantees, if any.
(ii) The benefit of interim order granted by Hon'ble Supreme Court as aforequoted, shall continue to be available to the petitioners till the aforesaid Petition for Special Leave to Appeal (C) No.35161 of 2017 is finally decided by Hon'ble Supreme Court.
5. This order has been passed with the consent of learned counsels for the parties"
3. Since the controversy in the instant petitions is identical to the controversy raised in M/s Hardik Distributors Pvt. Ltd. (supra), these writ petitions are disposed of in terms of the order quoted above.
Order Date :- 1.2.2024
SK
