Uttarakhand High Court
Mr. Shubham Chhabra vs State Of on 5 August, 2021
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orders or proceedings
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WPMS No.1524 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Through Hybrid Mode)
Mr. Shubham Chhabra, Advocate for the
petitioner.
Mr. Rakesh Kunwar, Addl. C.S.C. for the
State of Uttarakhand.
The petitioner to the Writ Petition No.1524
of 2021 (M/S) Chandan singh Bisht vs. State of
Uttarakhand and others has preferred this writ
petition agitating his grievance as against the
recovery citation dated 24.06.2021, which was
passed by respondent no.6, whereby an excise dues
were shown to be payable by the petitioner, to the
tune of Rs.21,04,936/- as payable by him towards
the minimum monthly guarantee amount, which he
was liable to be deposited as a consequence of the
allotment of a liquor shop, made in his favour on
28.02.2020, for the shop located at Shakti Farm,
Udham Singh Nagar.
The petitioner has very candidly disclosed in
the writ petition, that aggrieved against the said
action of recovery of the amount, he has already
preferred an appeal under Section 11 of the Act of
1910, which has been numbered as Appeal No.106
of 2020-2021, which is pending consideration
before the Excise Commissioner, alongwith it the
application has also been preferred by him for
waiving of the condition of 25% of the mandatory
deposit, as it has been contemplated under first
proviso to Section 11 of the Act.
The petitioner has further submitted, that an
identical issue, there had been other writ petitions
also and the Coordinate Bench of this Court by one
of the judgments which was rendered on
30.07.2021, had passed an order that since the
appeal as already filed and where the waiver
application is pending consideration, the writ
petition was disposed of that the recovery citation,
issued during the pendency of the proceedings of
the waiver application before Excise Commissioner
was causing harassment against the petitioner and
hence, the writ petition was disposed of with the
direction to the Excise Commissioner to consider
the petitioner's application under the second
proviso to Section 11 (2) of the U.P. Excise Act,
and pass an appropriate orders, on it in accordance
with law within a period of four weeks from the
date of presentation of the certified copy of this
order and for a period of four weeks or till disposal
of the said application for waiver of mandatory
deposit under the proviso to Section 11 of the Act,
no coercive action be taken against the petitioner.
This writ petition too would stand disposed
of in terms of the judgment dated 30.07.2021,
rendered by the Coordinate Bench of this Court, but
this Court would clarify the order, to the limited
extend, that petitioner would ensure to submit this
judgment before the appellate authority, within one
week from the date of receipt of the certified copy
of this order, otherwise the exemption granted, in
the today's judgment, will not be available to the
petitioner.
(Sharad Kumar Sharma, J.)
05.08.2021
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