The High Court stayed recovery of Rs. 23.40 lakhs pending consideration of the petitioner's objection that the demanded sum already exceeded deposited amounts. It directed the competent authority to decide the objection within four weeks.
Direction to decide objection within four weeks and keep recovery in abeyance.
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Court No. - 21
Case :- WRIT - C No. - 27230 of 2022
Petitioner :- Vijay Kumar Sahu Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pradeep Kumar Tiwari,Abhishek Kumar Chaubey Counsel for Respondent :- C.S.C.,Rajesh Kumar Yadav,Ved Byas Mishra
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The instant petition has been filed praying for quashing of the Demand Notice No. 897/2020 dated 10.9.2020, for a sum of Rs. 23,40,000/-, issued by Secretary, Krishi Utpadan Mandi Samiti, Prayagraj and the recovery citation issued in pursuance thereof dated 15.1.2021.
The case of the petitioner is that after receipt of demand notice, the petitioner submitted a detailed objection dated 24.9.2020, in which he pointed out that there is no amount due against the petitioner, inasmuch as, the petitioner had deposited Rs. 51,50,000/- so far and which was more than the amount being demanded from him. However, without deciding his objection, the impugned citation has been issued.
Learned counsel appearing on behalf of Krishi Utpadan Mandi Samiti, is not in a position to dispute that the objection filed by the petitioner has not been considered so far. He states that respondent no. 5 is competent to decide the objection.
We are of the opinion that interest of justice would be served in directing respondent no. 5 to decide the objection of the petitioner and keeping the recovery proceedings in abeyance till the objection is decided.
It is ordered accordingly.
Let decision be taken within four weeks from today. The recovery in pursuance of impugned demand notice/citation, will remain in abeyance until the objection is decided and thereafter, it shall abide by the decision taken on the objections.
The petition stands disposed of accordingly.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.) Order Date :- 21.10.2022 Jaideep/-
Digitally signed by JAIDEEP BANERJEE Date: 2022.10.21 17:16:29 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash demand notice and recovery citation pending adjudication of petitioner's objection regarding amount due.
1 provisions across 1 enactments
Vijay Kumar Sahu
State Of U.P.
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
