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M/S SUBHLAXMI RICE MILLS AND OTHERS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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M/S Subhlaxmi Rice Mills And Others v. State Of U.P. And Others - WRIT - C No. 73687 of 2005 [2005] RD-AH 6809 (2 December 2005)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.K.Agrawal, J.

Hon'ble Saroj Bala, J.

The contention of the petitioner is that under Clause 13 of the levy policy notified by the Government of Uttar Pradesh on 14th November, 2002 the liability for transportation of levy rice from the godown of the Millar to the collecting agency was of the supplier. However, the payment of transportation charges was to be made by the District Magistrate. According to the petitioners they have supplied levy rice and paid transportation charge, which was reimbursed by the District Magistrate. However, vide order dated 18th November, 2005 a decision has been taken to recover the amount of transportation charges as the same has not been approved by the Central Government. The submission is that the petitioners have supplied levy rice under the scheme notified by the Government of Uttar Pradesh and there is no liability for refunding the amount of transportation charges as the same has already been paid. The matter requires consideration.

Issue notice.

Notice on behalf of respondents has been accepted by the leaned standing counsel. He prays for and is granted a month's time to file counter affidavit. Rejoinder affidavit, if any, be filed within three weeks thereafter.

As an interim measure, it is provided that the realization of the transportation charges paid to the petitioners in respect of the levy rice supplied during the year 2002-03 shall not be made till further orders.

2.12.05

samz.73687/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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