Dismissed

M/S V.R.S. Food Limited v. Director Mandi Parishad and Others

Allahabad HC26 Sept 2019WRIC/20571/2009

Case brief

AI extract

What is this about?

The court disposed of the writ petition regarding market fees and bank guarantee. It held the order was revisable under the Krishi Utpadan Mandi Adhiniyam, 1964, and directed the petitioner to approach the revision authority within four weeks.

What did the court decide?

Petitioner directed to file revision before competent authority under Section 32 of Krishi Utpadan Mandi Adhiniyam, 1964 within four weeks from the date of the order.

M/S V.R.S. Food Limited Vs Director Mandi Parishad and… — Landlord and Tenant | Allahabad HC (2019)

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Court No. - 1

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Case :- WRIT - C No. - 20571 of 2009

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Petitioner :- M/S V.R.S. Food Limited Respondent :- Director Mandi Parishad And Others Counsel for Petitioner :- Namit Srivatava,Rahul Chaudhary Counsel for Respondent :- Satish Mandhyan,SC

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

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Heard Sri Rahul Chaudhary, learned counsel for the petitioner, Sri Ashish Mishra, learned Counsel for the respondents, learned Standing Counsel for respondent no.1 and perused the record.

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While entertaining this petition, this Court on 17.4.2009 had passed the following order:

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" Stayed.

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One month for Counter Affidavit. Three weeks for Rejoinder Affidavit. List thereafter."

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Sri Ashish Mishra, learned counsel for the respondents has produced the order dated 7.9.2012 passed in Writ-C No.19306 of 2009 by which the said petition was finally disposed of, the said order is taken on record.

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However, we find from the records that the Writ Petition No.58900 of 2007 was disposed of on 29.2.2008 with the following directions:-

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" The petitioner will furnish to Secretary, KUMS Ghaziabad a 'revolving bank guarantee' of the amount of market fees on yearly basis based on the average of the historical scales and payments of the market fees in the last three years. The bank guarantee will be furnished on the first of April & unless revoked, it shall be revalidated every year ."

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It appears that subsequently pursuant to the directions in the aforesaid writ petition, the order was finally passed on 9.4.2009 and in compliance of the said order, notice has been issued to the petitioner on 9.4.2009 in which an order was passed for furnishing bank guarantee to the parties for stock transfer towards the market fee assessed on the development cess of last three years, failing which the same shall be realized otherwise gate pass will not be issued.

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The counsel for the respondent submits that the order is revisable under Section 32 of Krishi Utpadan Mandi Adhiniyam, 1964. The petitioner had already filed writ petition no.19306 of 2009 in respect of order passed on 12.4.2006 of similar nature and coordinate Bench of this Court vide order dated 7.9.2012 dismissed the writ petition with liberty to the petitioner to file revision.

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In such view of the matter, the writ petition is also disposed of with the direction to the petitioner to approach the authority sitting in revision under Section 32 of Krishi Utpadan Mandi Adhiniyam, 1964.

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It is further provided that in case, if petitioner submits revision as per aforesaid Section within the period of four weeks from today, the same shall be considered on merits and shall not be dismissed on the ground of delay and final order shall be passed within a further period of four weeks.

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(Ajit Kumar, J.) (Ramesh Sinha, J.)

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Order Date :- 26.9.2019 Gaurav

M/S V.R.S. Food Limited v. Director Mandi Parishad and Others

Case brief

What is this about?

What did the court decide?

M/S V.R.S. Food Limited v. Director Mandi Parishad and Others

Case brief

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What the court decided

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