M/S SADHNA JEWELERS THRU. PROPRIETOR/MANAGING DIRECTOR DHARMENDRA KUMAR SONI v. STATE OF U.P. THRU. SPECIAL SECY. DEPTT. OF GEOLOGY AND MINING U.P. LKO. AND ANOTHER
WRIC/3851/2025 · 2025-04-23
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135729 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135729 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23092-DB Court No. - 2 Case :- WRIT - C No. - 3851 of 2025 Petitioner :- M/S Sadhna Jewelers Thru. Proprietor/Managing Director Dharmendra Kumar Soni Respondent :- State Of U.P. Thru. Special Secy. Deptt. Of Geology And Mining U.P. Lko. And Another Counsel for Petitioner :- Shishir Chandra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The petitioner was visited with an order of the District Magistrate, Kushinagar dated 28.06.2019 which was put to challenge by him by means of a Revision bearing No. 88(R)/SM/2022 which was decided on 08.05.2023. The Revisional Authority interfered with the order of the District Magistrate dated 28.06.2019 only to limited extent i.e. it quashed the blacklisting as well as forfeiture of the security deposit, nothing-else, meaning thereby, it sustained the remaining order on merits and gave a direction to the District Magistrate to calculate the due amount payable by the petitioner under the order dated 28.06.2019 as revised vide its order dated 08.05.2023 and recover the due amount. In pursuance thereof, after adjusting the security amount Rs. 34,18,375/- and adding 10% DMF and 2% TCS amount the due amount payable by the petitioner has been determined vide order dated 24.12.2024 as Rs.7,93,065/-. This order was challenged by the petitioner before the Revisional Authority by filing second Revision bearing No. 18(R)/G&M(UP)/2025 which has been dismissed vide impugned order dated 11.03.2025 on the ground that the order dated 24.12.2024 is only consequential to the order dated 28.06.2019 as revised on 08.05.2023, therefore, the revision was not maintainable.
3. Counsel for the petitioner could not point out any error in the calculation vide order dated 24.12.2024. He wanted to address the Court on merits, however, we are afraid, the Revisional Authority is right. As far as merits of the matter are concerned, the same stand concluded by the
judgment dated 08.05.2023 passed in the first revision which has attained finality between the parties, therefore, it is not open for the petitioner's counsel to address this
Court on the validity of the earlier order date 28.06.2019 as revised on 08.05.2023. The petitioner's counsel having failed to point out any other error, we see no reason to interfere in the matter. If fact, we are constrained to observe that filing of the revision as also this petition is nothing but an abuse of the process of the Court and law.
4. The writ petition is dismissed. [Om Prakash Shukla, J.] [Rajan Roy, J.]
Order Date :- 23.4.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench