MS SWASTIK RICE LANDS PVT LTD v. STATE OF UTTARAKHAND THROUGH COLLECTOR, U S NAGAR
WPMS/3240/2025 · 2025-11-25
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14774 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14774 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:10482 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/3240/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Mani Kumar, learned counsel for the petitioner.
2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand.
3. Mr. N.S. Pundir, learned counsel for respondent no. 3.
4. Petitioner is aggrieved by citation issued by Tehsildar, Rudrapur for recovery of ₹10,99,570/-. The said citation was issued pursuant to recovery citation issued by Agricultural Produce Marketing Committee, Rudrapur, District Udham Singh Nagar.
5.
Learned counsel for the petitioner concedes that petitioner was liable to pay Mandi Fee and Development Cess, which he could not pay because of huge losses. He submits that dues of Mandi Fee and Development Cess is now sought to be recovered as arrears of land revenue.
6.
Learned counsel for the petitioner submits that petitioner is ready and willing to repay the amount, however, he may be permitted to deposit the amount in twelve monthly installments.
7. Mr. N.S. Pundir, learned counsel appearing for respondent no. 3, on instructions, makes a statement that he has no objection if petitioner is permitted to deposit outstanding dues in six monthly instalments.
8. In view of consensus between the
2025:UHC:10482 parties, the writ petition is disposed of by providing that petitioner shall deposit ₹2.00 lakh with the Secretary, Agricultural Produce Marketing Committee, Rudrapur on or before 25.12.2025; subject to fulfilment of aforesaid condition, petitioner shall be permitted to deposit the remaining amount in five monthly instalments. It is made clear that last instalment shall carry interest and other charges. The Collector shall be at liberty to collect recovery charges from the petitioner.
(Manoj Kumar Tiwari, J)
25.11.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.25 04:02:21 -08'00'