Ms Shivalik Travels Distt Haridwar v. District Panchayat Uttarkashi

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON'BLE SRI JUSTI CE ALOK KUMAR VERMA

1 9 t h DECEMBER, 2 0 2 4

W RI T PETI TI ON ( M/ S) NO.3 4 5 5 of 2 0 2 4

M/ s Shivalik Travels

..…Petitioner

Versus

District Panchayat, Uttarkashi and Others

..…Respondents

Counsel for the Petitioner : Mr. Sagar Kothari,

Advocate.

Counsel for the

: Mr. B.S. Negi, Respondent No.1

Advocate.

Counsel for the

: Mr. Ganesh Kandpal, Respondent Nos.2 to 4

Deputy Advocate

General.

Hon 'ble Alok Ku m ar Ver m a,J.

Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers: - "(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned recovery citation issued by respondent no.4 (Annexure No.6 to this writ petition).

(ii) Issue a writ, order or direction in the nature of certiorari, calling for entire records and quashing the entire recovery proceedings initiated by respondent no.1 against the petitioner for recovering the amount due under the contract as recovery of dues as

arrears of land revenue.

(iii) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.

(iv) Award the cost of writ petition in favour of petitioner." 2 .

Heard Mr. Sagar Kothari, learned counsel for petitioner, Mr. B.S. Negi, learned counsel for respondent no.1 and Mr. Ganesh Kandpal, learned Deputy Advocate General for respondent nos.2 to 4. 3 .

Mr. Sagar Kothari, Advocate, has submitted that a proposal through the affidavit of Mr. Tushar Nath, the proprietor of the petitioner dated 18.12.2024 has been filed. As per the proposal, the petitioner had deposited Rs.1,00,000/ -(Rupees One Lakh) as security in the form of FDR and after adjusting the said amount of Rs.1,00,000/ -(Rupees One Lakh) and interest accrued on it, the petitioner is ready to deposit the balance amount of Rs.3,95,352/ -(Rupees Three Lakh Ninety Five Thousand Three Hundred Fifty Two) in the following manner: -

"(i) Rs.1,50,000/ - before 24.12.2024;

(ii) The balance amount of Rs.2,45,352/ - before

17.02.2025."

4 .

Learned counsel for the respondents, on instructions, agree with the said proposal. 5 .

With the consent of both the parties, the present Writ Petition (No.3455 of 2024) is disposed of with a direction to the petitioner to deposit Rs.1,50,000/ -(Rupees One Lakh Fifty Thousand) by

24.12.2024 and the remaining amount, after adjusting Rs.1,00,000/ -(Rupees One Lakh) and interest accrued on it,by 17.02.2025. 6 .

Subject to the said directions, the entire recovery proceedings initiated by respondent no.1 against the petitioner are kept in abeyance. _ _ _ __ _ _ _

ALOK KUMAR VERMA, J.

Dt: 19.12.2024 Neha

NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2dtie018b01be7 53f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE4 4CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2024.12.19 19:01:43 +05'30'