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2025 DAILYLAW 85707 (ALL)

SHRI RUPAULIYA JWELLERS v. STATE OF U.P. AND 4 OTHERS

WRIC/27586/2025 · 2025-08-22

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146223 Court No. - 33 Case :- WRIT - C No. - 27586 of 2025 Petitioner :- Shri Rupauliya Jwellers Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devendra Kumar Mishra,Smt. Mandvee Mishra Counsel for Respondent :- C.S.C.,Sant Ram Sharma Hon'ble Prakash Padia,J. 1. Heard counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent nos. 1 to 4 and Sri Sant Ram Sharma, learned counsel appearing on behalf of respondent no. 5 and perused the record. 2. The order dated 18.12.2021 passed by respondent no. 4/Deputy Labour Commissioner, Chitrakoot Dham Kshetra and Cess Assessment Officer, Banda and subsequent recovery citation dated 24.07.2025 issued by the respondent no. 3/Tehsildar, Tehsil Banda, District Banda are under challenge in the present petition. 3. It is argued that pursuant to order dated 01.12.2007 issued by the respondent no. 5, a sum of Rs. 42,500/- was deposited by the petitioner towards Labour Cess, in spite of the aforesaid order dated 18.12.2024 was passed by the respondent no. 4 directing the petitioner to deposit a sum of Rs. 1,50,000/- in favour of the U.P. Bhawan Evam Anya Sannirman Kalyan Board. Aggrieved against the same a reply was given by the petitioner on 18.01.2022 before the aforesaid authority/respondent no. 4/Deputy Labour Commissioner, Chitrakoot Dham Kshetra and Cess Assessment Officer, Banda. 4. It is argued that no reply was given in response to the aforesaid reply given by the petitioner and on the other hand recovery citation has been issued by the respondent no. 3 against the petitioner. 5. Heard counsel for the petitioner and perused the record. 6. In the facts and circumstances of the case, the present petition finally disposed of permitting the petitioner to submit a fresh representation ventilating all his grievances and annexing all the relevant papers and documents before respondent no. 4/Deputy Labour Commissioner, Chitrakoot Dham Kshetra and Cess Assessment Officer, Banda within a period of three weeks from today alongwith certified copy of this order. If such representation is made, respondent no. 4 will consider and decide the same within next four weeks. 7. For a period of eight weeks or till the time the decision is taken by the respondent no. 4 on the representation filed by the petitioner whichever is earlier no coercive action shall be taken against petitioner. Order Date :- 23.8.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad