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Sushil Chaubey v. State Of U.P. & Others - WRIT TAX No. - 1593 of 2007 [2007] RD-AH 17984 (16 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble R.K.Agrawal, J.

Hon'ble S.P.Mehrotra, J.

The contention of the petitioner is that after cancellation of auction for grant of licence on 6.8.2004, auction for grant of licence were required to be made under the provisions of Rule 24(3) of the U.P. Excise Lincences ( Tender -cum -Auction ) Rules, 1991. Had it been done, liability would have been lessened.

Learned standing counsel prays for and is granted a month's time to file Counter affidavit. Rejoinder Affidavit may be filed within another two weeks.

List after the expiry of the said period.

The petitioner has admitted Rs. 1,88,049 as his liability.

As an interim measure , it is provided that if the petitioner will deposit a sum of Rupees three lacs within a period 15 days from today ,and further, a sum of Rupees three lacs will be deposited by the petitioner thereafter within another period of 15 days, the recovery proceedings pursuant to the citation dated 5.12.2006 shall remain stayed till the next date of listing.

In the event of default, , the interim order shall stand automatically discharged and the respondents shall be at liberty to recover the whole amount from the petitioner in accordance with law.

dt. 16.11.2007

w.p.no. 1593 of 2007/aks.


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