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M/S Dewan Sugars Limited v. State Of U.P. And Others - WRIT - C No. 6777 of 2006  RD-AH 2814 (7 February 2006)
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
Learned counsel for the petitioner has submitted that because of three upward revisions of the cane price by the Government in one year, the petitioner had to pay amount of Rs. 22 crores towards the enhanced cane price because of which the petitioner was registered with the B.I.F.R. Further according to him, petitioner is trying to recover its possession, but the impugned order dated 26.12.2005 passed by the Collector, Muradabad requiring the petitioner to make payment of the cane Commission which is to be paid to the cane society and total of which for the years 2001-02, 2002-03, 2003-04 and 2004-05 comes to Rs. 1,76,00,000/- will cause a major set back in the rehabilitation attempt. Learned counsel for the petitioner further submitted that after this demand, the petitioner has paid about Rs. 14.64 lacks towards the Cane Commission leaving a balance payable amount of Rs. 161.36 lacks which also the petitioner is prepared to pay over a period of one year in equal monthly installments.
Considering these circumstances and after hearing learned counsel for the petitioner and learned Standing Counsel, we dispose of this writ petition finally directing that the amount imposed by the order dated 26.12.2005 will not be recovered by the petitioner, provided the petitioner pays the balance amount mentioned in this order in 12 equal monthly installments, the first installment to be paid by 7th March, 2006. In case of default in payment of any of the installments in accordance with the above schedule, the order of recovery will sit automatically vacated and the respondents will be entitled to recover the entire amount or the entire balance amount, which remains payable after the installments paid, if any.
Writ petition is disposed of.
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