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Narendra Singh Yadav v. State Of U.P. Through Secretary, P.W.D., Lucknow & Others - WRIT - C No. 17175 of 2007  RD-AH 5983 (3 April 2007)
Civil Misc. Writ Petition No. 17175 of 2007
Narendra Singh Yadav vs. State of U.P. and others
Counsel for the petitioner: Mr. Tarun Verma
Counsel for the respondents: Standing Counsel
Hon'ble H.L. Gokhale,CJ
Hon'ble Ashok Bhushan,J
1. Heard learned counsel for the petitioner.
2. The petitioner was entrusted with the responsibility of collecting the toll tax on a bridge in district Jhansi. He was in arrears with respect to the collection made in the year 2004-2005 to the tune of Rs.385/- and Rs. 1,35,485/- in the year 2005-2006. The rule provides that in such an eventuality, a fine to the tune of 10% of the total amount can be imposed, which has been so imposed. Learned counsel for the petitioner submits that it is on higher side.
3. In any case, without prejudice to his submission, the petitioner is ready to deposit the principal amount within two weeks. If that is so, the petitioner may deposit Rs. 385 + Rs. 1,35,485/- with 9% interest within two weeks whereafter his submission can be examined.
4. We make it clear that if the petitioner fails to deposit the aforesaid amounts, the petition will automatically stand dismissed without any further hearing.
5. Presuming that he will deposit the amount as assured, the petition may stand adjourned to 24.4.2007.
6. In view of the statement made as above, the recovery will stand stayed until the next date of hearing.
RK/ (Chief Justice)
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