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Madhya Pradesh High Court · body

2012 DIGILAW 634 (MP)

Gangabishan Dwarikadas Agrawal v. State of M. P.

2012-06-28

R.S.JHA

body2012
JUDGMENT : Thepetitioner has filed this petition being aggrieved by the demand notice dated15.03.2005 passed by the Krishi Upaj Mandi Samiti by which therespondent had asked the petitioner to deposit a sum of Rs.1,76,528/- towards Mandi Fees and a sum of Rs.44,099.27 towards Nirashrit Shulk . 2.This Court, by interim order dated 25.3.2005 had directed that in case thepetitioner deposits a sum of Rs.50,000/- by 15.4.2005, his licence shall be renewed with effect from 1.4.2005. 3.It is informed by the learned counsel for the petitioner that the petitionerhas deposited a sum of Rs.50 ,000 /- and his licence has also been renewed. It is further stated thatduring the pendency of this petition, by order dated12.2.2007, the demand towards Mandi Fee made from thepetitioner has been withdrawn. 4.It is contended by the learned counsel for the petitioner that the impugneddemand have been issued against the petitioner without giving any notice oropportunity of hearing and had the petitioner been given such an opportunity,he would have demonstrated before the authorities that no amount wasrecoverable and even otherwise the dues relating to the period 1977 to 1991could not have been recovered in the year 2005 as there in no statutory poweror authority to do so. 5.The learned counsel for the respondent no.3 submits that this Court in W.PNo.1609/2005 decided on 29.3.2005 and other similar petitions had disposed ofthe same with a direction to the respondent authorities to decide the issue regardingthe outstanding amount after giving opportunity of hearing to the petitionerstherein. 6.In the circumstances, it is stated that the present petition be also disposedof in similar terms as passed by this Court in W.P No.1609/2005. 7.In view of the aforesaid, without entering into the merits of the case ormaking any comments upon the entitlement of the petitioner, the petition filedby the petitioner is disposed of with a direction tothe respondent authorities to decide the issue afresh after giving dueopportunity of hearing to the petitioner. To enable the authorities to do so, acopy of the order passed today along with a copy of the petition be served onthe authority by the petitioner. 8.It is made clear that after adjudication, if the respondents find that thepetitioner is not liable to pay any amount, the sum of Rs.50 ,000 /-deposited by the petitioner may be refunded to him. 9.With the aforesaid direction the petition stands disposed of. 8.It is made clear that after adjudication, if the respondents find that thepetitioner is not liable to pay any amount, the sum of Rs.50 ,000 /-deposited by the petitioner may be refunded to him. 9.With the aforesaid direction the petition stands disposed of. In the facts andcircumstances of the case, there shall be no order as to the costs.