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Paramhans Upadhyay v. State Of U.P. And Others - WRIT - C No. 74501 of 2005  RD-AH 7098 (7 December 2005)
Court No. 1
Civil Misc. Writ Petition No.74501 of 2005
Paramhans Upadhyay Vs. State of U.P. and others.
HON'BLE YATINDRA SINGH, J.
HON'BLE RK RASTOGI, J
1. The respondents have issued recovery certificate against the petitioner in respect of the royalty of brick kiln of the petitioner under UP Minor Mineral (Concession) Rules, 1963 for recovering the same as arrears of land revenue. Hence the present writ petition.
2. We have heard Counsel for the petitioner and the standing counsel for the respondents.
3. The counsel for the petitioner has made statement at the bar that this is the first writ petition against the recovery and this fact has also been stated in the writ petition. According to the petitioner he could not pay the royalty amount due to the circumstances beyond his control. In view of this, it would be appropriate to dispose of this writ petition with following directions.
The petitioner may deposit the entire arrears in two monthly instalments. In calculating the arrears the amount (if any) already paid will be adjusted.
The first instalment may be deposited by the end of January 2006 and the second instalments may be deposited by the end of February 2006. These deposits may be made before respondent No. 2. In case instalments are deposited before respondent No. 2 then the recovery charges will not be recovered from the petitioner.
During this period, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the instalments within the above-stipulated time, it will be open to the respondents to start recovery proceedings again.
The petitioner may file application for the accounts along with duly stamped self-addressed envelope. In case any such application is filed, the same will be given to the petitioner by respondent No. 2 after deposit of first instalment.
This order will not affect any auction already held. In that event the petitioner may take appropriate legal proceedings to set aside the auction under UPZA & LR Act and Rules, 1952 or file a suit in accordance with law.
It is clarified that this order will not be operative in case the petitioner has filed any other earlier writ petition against the recovery.
The petitioner will be released from the civil prison after deposit of first instatllment.
4. With these directions the writ petition is disposed of.
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