M/S SONI TRADING COMPANY v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/23124/2025 · 2025-07-20
Kshitij Shailendra, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75761 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75761 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118306-DB Court No. - 40 Case :- WRIT - C No. - 23124 of 2025 Petitioner :- M/S Soni Trading Company Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Amit Singh Parihar,Brijesh Kumar,Onkar Nath Counsel for Respondent :- Archit Mandhyan,C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 2 and Sri Chandra Shekhar Pandey, learned counsel for respondent nos.3 & 4.
2. This writ petition has been filed praying for a writ of mandamus commanding the respondent concerned to refund the amount of mandi fees, development cess and compounding fees collected from the petitioner.
3. The contention of learned counsel for the petitioner is that the aforesaid sums were realised from the petitioner on 24.03.2025, although, the petitioner is not liable to pay the same.
4. Learned counsel for the respondent nos.3 & 4 submits that the petitioner is not entitled to get refund. He further submits that till date, no application has been moved by the petitioner before the respondent no.3, and therefore, the mandamus, as prayed for, cannot be granted.
5. Considering the submissions made, this writ petition is disposed off with the following directions:- (i). The petitioner is permitted to file an application raising his grievance before the respondent no.3. (ii). In case such an application is filed within one month from today, the respondent no.3 shall pass appropriate orders thereon strictly in accordance with law within next two months after providing opportunity of hearing to the petitioner. Order Date :- 21.7.2025 SS (Kshitij Shailendra,J) (Saral Srivastava,J) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad