Neutral Citation No. - 2025:AHC:19138-DB Court No. - 3 Case :- WRIT - C No. - 40637 of 2024 Petitioner :- Star Paper Mills Limited Saharanpur Through Its Authorized Signatory Sachin Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Apoorva Bhatt,Arpit Agarwal Counsel for Respondent :- Archit Mandhyan,C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel appearing for the State - respondents and Sri Archit Mandhyan, learned counsel appearing for respondent no.2. 2. A counter-affidavit has been filed today in court by the learned Additional Chief Standing Counsel, which is taken on record. 3. Learned counsel for the petitioner states that the case of the petitioner is admitted in the counter-affidavit and, therefore, he does not propose to file any rejoinder-affidavit. 4. The relief sought in the writ petition is for issuance of a direction to the respondents - authorities to refund the amount of Rs. 11 Lacs along with interest @ 14% per annum to the petitioner within a stipulated time frame. 5. The aforesaid amount is being claimed by the petitioner which was recovered from it as recovery charges pursuant to a citation dated 12.11.2014 issued by the Tehsildar for recovery. It appears that a writ petition, bearing Writ-C No.5901 of 2016, was filed by the petitioner challenging the imposition of recovery charges of Rs. 45,43,203/-. The judgment of the Division Bench of this Court in Maharajwa and others Vs. State of U.P. and others, 2013 (1) ADJ 426 (FB), was relied upon by the petitioner. That petition was disposed of with the direction that in the event the petitioner files a representation before the Collector, an appropriate decision shall be taken after hearing the officers of the Mandi Samiti and till disposal of the representation, coercive action against the petitioner was stayed. 6. By an order dated 12.5.2016, District Magistrate disposed of the petitioner's representation with the observation that 10% recovery charges on the amount of recovery certificate of Rs.4,54,32,035/- was liable to be recovered. 7. Another writ petition, bearing Writ-C No.24598 of 2016 was filed by the petitioner challenging the aforesaid order dated 12.5.2016 of the District Magistrate. The Court ordered exchange of affidavits. 8. By an interim order dated 19.8.2016 while granting further time to the Standing Counsel to file a counter-affidavit in the aforesaid writ petition no.24598 of 2016, the Court directed the Tehsildar to remit a sum of Rs. 18,74,255/- to the Mandi Samiti within two weeks and the balance amount as per the recovery certificate be kept in fixed deposit by the Tehsildar during the pendency of the writ petition. By a judgment dated 12.1.2018 while observing that the entire outstanding amount against the petitioner as well as outstanding interest was deposited by the petitioner voluntarily to the Mandi Samiti and since no steps were taken to effectuate the distraint proceedings and the amount had been paid voluntarily by the petitioner to the Mandi Samiti, the recovery letter dated 31.10.2014, the citation dated 12.11.2014 and the order of the Collector dated 12.5.2016 were quashed. The aforesaid judgment dated 12.1.2018 was never challenged by the State Government and, as such, has become final. 9. Learned Additional Standing Counsel has stated that the aforesaid interim order passed by this Court on 19.8.2016 in Writ- C No.24598 of 2016 was not complied with by the State Government inasmuch as neither a sum of Rs.18,74,255/- was remitted to the Mandi Samiti nor was the balance amount of Rs.11 lacs put in a fixed deposit. 10. Under the circumstances, the present writ petition is partly allowed with the direction that the District Magistrate/Collector shall refund the amount of Rs.11 lacs to the petitioner along with simple interest @ 9% per annum calculated from the date of its recovery by the respondents, both of which shall be paid within one month from today. Order Date :- 10.2.2025 Irshad Digitally signed by :- IRSHAD AHMAD SIDDIQUI High Court of Judicature at Allahabad