S. K. Modern Mini Rice Mill Place Sukham Dutt Nagar v. State of U. P. Thru. Prin. Secy. Food & Civil Supplies
2015-06-17
NARAYAN SHUKLA, PRATYUSH KUMAR
body2015
DigiLaw.ai
JUDGMENT Heard Abhishek Misra, learned counsel for the petitioner, learned Additional Chief Standing Counsel and Mr. Amar Chaudhary, learned counsel has put in appearance on behalf of opposite party nos. 5 and 6. 2. The petitioner has challenged the recovery certificate dated 08.07.2014 as also the citation dated 28.05.2015 on various grounds. The petitioner has based their claim on several disputed facts, ultimately it has been claimed that they should not be compelled to follow the recovery certificate till decision is taken by the arbitrator as has been pointed out by the Court dealing with the similar issue in the case of M/s Maa Bhawani Rice Mill and another Vs. State of U.P. through Special Secretary and others. In the aforesaid judgement the Division Bench of this Court at Allahabad has directed the petitioner to deposit the price of paddy/proportionate price of C.M.R. @ 1611.93 per quintal with the State Government within a period of one month. The Court further observed that the petitioners while making a self calculation of the amount as per the figures of deficit C.M.R. given in the impugned orders shall deposit the same within the period stipulated above, without prejudice to their rights and contentions before the arbitrator. 3. The Court observed that the Principal Secretary, Food and Civil Supplies will proceed to adjudicate upon the rival claims of the parties, where they shall file their statement of claims. The Court also directed the arbitrator to adjudicate upon the claim within six months. Accordingly, the issue in question is under adjudication of the arbitrator i.e. Principal Secretary, Food and Civil Supplies. Therefore, there is no occasion of this Court to adjudicate upon the issue on merit. 4. In view of the decision above, we hereby observe for the Registrar, Cooperative Societies to refer the dispute to the Principal Secretary, Food and Civil Supplies for adjudication. The petitioner is also permitted to file his counter claim before the Principal Secretary, Food and Civil Supplies, who shall adjudicate upon the issue after due notice to the opposite parties subject to the deposition of proportionate price of C.M.R. @ 1611.93 per quintal. Since we are not going to decide the case on merit, we hereby dispose of the writ petition in the aforesaid terms. 5.
Since we are not going to decide the case on merit, we hereby dispose of the writ petition in the aforesaid terms. 5. On deposition of amount as has been asked above, the recovery certificate as well the citation impugned shall be kept in abeyance, subject to the result of the arbitrator.