WPMS/4/2022
2022 Latest Caselaw 20 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
       ON THE 04TH DAY OF JANUARY, 2022
                               BEFORE:
      HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

           Writ Petition (M/S) No. 4 of 2022
BETWEEN:
Ajay Pandey                                                 ...Petitioner
       (By Mr. P.C. Petshali, Advocate)

AND:

State of Uttarakhand and another                        ...Respondents
       (By Mr. Pradeep Hairiya, Standing Counsel for the State)


                            JUDGMENT

Petitioner was granted licence for retail sale of Indian Made Foreign Liquor for financial year 2020-21.

2. According to petitioner, due to lockdown imposed in view of COVID-19 pandemic, he could not pay the required revenue to State Government. Consequently, District Magistrate, Nainital issued a recovery certificate for recovery of ` 1,26,45,000/- from the petitioner. Petitioner filed Writ Petition (M/S) No. 1557 of 2021, which was dismissed by a Co-ordinate Bench of this Court, vide order dated 11.08.2021, however, petitioner was granted liberty to approach the Committee under Clause 35 of the Excise Policy.

3. By means of this writ petition, petitioner has sought following reliefs:-

(i) Issue a writ order or direction in the nature of certiorari to quash the sale notice dated 2-12-2021 (Annexure-4), issued by respondent no.2.

                                or in alternate
           (ii)    Issue a writ order or direction in the
                   nature of mandamus to direct the
                   respondent      no.1     to   decide   the

representation of petitioner dated 28-12- 2021 (Annexure-5) and till then the respondent no.2 be directed to not to proceed with the proposed sale to be scheduled for 5-1-2022.

(iii) Issue a writ order or direction in the nature of mandamus to direct the respondent to accept the dues from the petitioner in easy & equal instalments."

4. Learned Standing Counsel submits that petitioner did not approach the Committee under Clause 35 of Excise Policy and he has also not paid the amount which he is liable to pay to the State Government, therefore, his immovable property was attached which has been put for auction-sale, which is scheduled to be held on 05.01.2022.

5. Learned counsel for the petitioner submits that he admits his liability and all he wants is permission to deposit the outstanding amount in three quarterly instalments. He therefore prays that petitioner be granted liberty to make representation to District Magistrate, Nainital, who may be directed to consider the same within some stipulated time frame.

6. Having regard to the willingness shown by petitioner to deposit the entire amount due from him, the writ petition is disposed of with liberty to petitioner to make representation to District Magistrate, Nainital within 48 hours.

Petitioner shall deposit a sum of ` 20,00,000/- with District Magistrate, on or before 08.01.2022 to show his bona-fide. If petitioner makes representation and also deposits the aforesaid amount within stipulated time, District Magistrate, Nainital shall consider and decide petitioner's representation for payment of outstanding dues in three quarterly instalments. Such decision shall be taken by the District Magistrate, as early as possible, but not later than three weeks from the date of its presentation. For a period of four weeks or till decision on petitioner's representation, whichever is earlier, auction-sale of petitioner's immovable property, if made, shall not be confirmed.

7. However, it is made clear that in case petitioner fails to submit his representation or deposit the amount within stipulated time, then he shall not be entitled to any protection of this order and the Authorities shall proceed in the matter as per law.

8. Let certified copy of this order be supplied to learned counsel for the parties today, on payment of usual charges.

(MANOJ KUMAR TIWARI, J.) Shubham