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2023 DAILYLAW 2416 (RAJ)

M/S. S.N.M. ENTERPRISES v. DISTRICT COLLECTOR, JAIPUR

CW/20601/2023 · 2026-07-20

Shubha Mehta

body2023

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20601/2023 M/s. S.N.M. Enterprises, Kheriya, Punjabipura, Old Cantonment, Moti Jheel, Gwalior - 476010 (M.p.) Through Proprietor Shiv Pratap Singh Son Of Shri Harnam Singh Chouhan Aged About 50 Years, Kheriya, Punjabipura, Old Cantonment, Moti Jheel, Gwalior - 476010 (M.P.) ----Petitioner Versus 1. District Collector, Jaipur, Office Of District Collector, Collectorate Circle, Bani Park, Jaipur, Rajasthan 2. Additional District Collector And Additional District Magistrate (3Rd), And Officer-In-Charge (Recovery), Office Of District Collector, Collectorate Circle, Bani Park, Jaipur, Rajasthan 3. M/s Rajasthan State Ganganagar Sugar Mills Ltd., Through Its Director In-Charge, 4Th Floor, Bhawani Singh Road, Nehru Sahakar Bhawan, Jaipur -302006 (Rajasthan) 4. M/s Rajasthan State Ganganagar Sugar Mills Ltd., Through Its Deputy General Manager (Purchase), 4Th Floor, Bhawani Singh Road, Nehru Sahakar Bhawan, Jaipur - 302006 (Rajasthan) ----Respondents For Petitioner(s) : Mr. Nitesh Kumar Garg For Respondent(s) : HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 03/01/2024 1. Instant petition has been filed by the petitioners with the following prayer: “i) By issuing an appropriate writ, order or direction in the nature of Mandamus, the respondent no. 1 and 2 be directed to recover the (2 of 3) [CW-20601/2023] amount of Rs. 20,00,551/- with further interest till date of payment as per order dated 16.01.2018 04.09.2017, and 09.04.2018 from respondent no. 3 and 4 with due process of law. ii) By issuing another appropriate writ, order or direction the impugned action of the respondents of non-payment of claim amount to the petitioner in compliance of order dated 04.09.2017, 16.01.2018 and 09.04.2018 be declared illegal and be quashed and the respondents be directed to make compliance of the order dated 04.09.2017 and 09.04.2018 passed by the Madhya Pradesh Micro and Small Enterprises Facilitation Council, Bhopal. iii) Any other order which this Hon'ble Court may think fit and proper be passed in favor of the petitioner. iv) Costs throughout be also ordered to be awarded to the petitioner.” 2. Learned counsel for the petitioner submits that an arbitral award was passed in his favour in the year 2017 against which appeal preferred by the respondent has also been dismissed. Counsel submits that the recovery proceedings arising out of the arbitral award dated 04.09.2017 is still pending before the Additional Collector (Recovery Collectorate, Jaipur). Counsel submits that inspite of passing of considerable time, till date the amount in question has not been recovered from the respondents. Counsel submits that appropriate directions be issued to the Additional Collector (Recovery Collectorate, Jaipur) to make compliance of the award dated 04.09.2017, expeditiously as early as possible, preferably within a time frame. 3. The prayer made by the counsel for the petitioner appears to be genuine. (3 of 3) [CW-20601/2023] 4. Instant petition stands disposed of with directions to the Additional Collector (Recovery Collectorate, Jaipur) to proceed with the matter strictly in accordance with law, after affording opportunity of hearing to the respondents, expeditiously as early as possible and decide the matter finally and pass appropriate orders as per law within a period not exceeding four months from the date of receipt of certified copy of this order. 5. Stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/68