Uttarakhand High Court
WPMS/1103/2021 on 15 June, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 15TH DAY OF JUNE, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 1103 of 2021
BETWEEN:
Jasbir Kaur. ...Petitioner
(By Mr. Sanpreet Singh Ajmani, Advocate)
AND:
State of Uttarakhand and others. ..Respondents
(By Mr. S.N. Babulkar, learned Advocate General and Mr.
C.S. Rawat, Chief Standing Counsel for the State of
Uttarakhand)
JUDGMENT
Petitioner was granted license for retail sale
of Indian Made Foreign Liquor at Sitarganj & Jaspur
for the Financial Year 2020-2021. Petitioner is
aggrieved by two demand notices issued by District
Magistrate, Udham Singh Nagar. By the first notice
dated 03.04.2021, issued in respect of Indian Made
Foreign Liquor shop at Sitarganj, petitioner has been
asked to deposit a sum of ` 82,40,778/- within one
week, failing which, the amount may be recovered
from her as arrears of land revenue. By the second
notice of even date, issued in respect of Indian Made
Foreign Liquor Shop at Jaspur, petitioner has been
asked to deposit a sum of ` 42,14,698/- within one
week, failing which, the amount may be recovered
from her as arrears of land revenue.
2. Learned counsel for the petitioner submits
that petitioner is not challenging the demand notices,
as petitioner admits her liability to pay the amount as
demanded by the District Magistrate. He, however,
submits that since business of the petitioner is badly
affected due to the Pandemic and the consequent
lockdown imposed by the Government, therefore
some reasonable time be given to her for depositing
the amount indicated in the demand notices.
3. Learned Advocate General assisted by Mr.
C.S. Rawat, Chief Standing Counsel submits that,
having regard to the willingness shown by the
petitioner to deposit the amount demanded by District
Magistrate, he has no objection if petitioner is asked
to deposit the amount in eight monthly installments,
provided she deposits a substantial amount in first
installment.
4. Having regard to the facts & circumstances of
the case, the writ petition is disposed of with the
following directions:
(i) Petitioner shall deposit 30% of the amount
demanded from her, positively on or before
06.07.2021. In case petitioner fails to deposit 30% of
the amount demanded on or before 06.07.2021, then
respondents shall be at liberty to proceed against
petitioner for recovery of the entire amount, in
accordance with law.
(ii) The remaining amount shall be deposited by
the petitioner in seven equal monthly installments. The
next installment would be payable on or before
07.08.2021 and the remaining installments would be
payable on or before 7th day of each succeeding month.
(iii) Interest, if any, shall be added in the last
installment.
(iv) Subject to fulfillment of aforesaid conditions,
recovery proceedings against the petitioner shall be
kept in abeyance till 10.02.2022.
(iv) As petitioner has undertaken to directly
deposit the entire amount with the concerned
Department, therefore, she shall not be liable to pay
recovery charges.
(v) However, it is made clear that in case of
default on the part of the petitioner to abide by the
aforesaid conditions, she shall not be entitled to
protection of this order and respondents would be free
to proceed against her for recovery of the entire
amount, in accordance with law.
(MANOJ KUMAR TIWARI, J.)
Arpan
