M/S Maa Sharda Rice Mill v. State of U.P. and 4 Others

Court No. - 39 Case :- WRIT - C No. - 39610 of 2023 Petitioner :- M/S Maa Sharda Rice Mill Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Sumer Chaudhary,Suresh Kumar Counsel for Respondent :- C.S.C.,Ved Byas Mishra Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.

¶1Heard Sri Ram Sumer Chaudhary learned counsel for the petitioner, Sri Ved Byas Mishra learned counsel for respondent Nos. 2 to 5 and the learned Standing Counsel for the State respondent.

¶2Challenge has been raised to the recovery notice dated

24.6.2022 issued by respondent No. 4 seeking recovery of Rs. 13,14,443/- being interest on delayed payment of paddy procurement price, VAT and Mandi fee.

¶3Undisputedly the original order creating demand was issued against the petitioner in the year 2014. It was followed by recovery certificate that became subject matter of challenge in writ proceedings being Writ-C No. 46407 of 2014 (M/s Maa Sharda Rice Mill & 5 Others Vs. State of U.P. & 7 Others). The same was dismissed leaving it open to the petitioner to seek arbitration. The arbitration proceedings resulted in the order dated 28.7.2017 passed by the Commissioner, Azamgarh Division, Azamgarh. That order has not been complied with.

¶4In view of the above noted facts, no ground exist to offer interference either to doubt the correctness and validity of the recovery certificate or to provide for any leniency or time to the petitioner to deposit the amount. Habitual defaulters are clearly disentitled to any equitable relief.

¶5Writ petition is accordingly dismissed. No order as to costs. Order Date :- 21.11.2023 Faraz (Shiv Shanker Prasad, J.) (S. D. Singh, J.) High Court of Judicature at Allahabad