Court No. - 1 Case :- MISC. BENCH No. - 14 of 2010 Petitioner :- M/S Nandini Agro Food Products Pvt. Ltd. (Rice Mill Div.) Respondent :- State Of U.P. Thru Prin. Secy. Food & Cv. Supplies & Ors. Petitioner Counsel :- S.C. Gupta Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
List and connect with Writ Petition No. 10805 of 2009.Heard Sri S.C. Gupta
for petitioner and the learned State Counsel.
After hearing the parties counsel at length we are of the opinion that the
interest of the rice millers as well as of the State government shall stand
protected, if as an interim measure, petitioner be allowed to supply the current
75% levy, subject to the condition that they will also supply the 25 percent
levy towards the previous years i.e. they will supply 100% of the current
produce of rice towards levy which shall be subject to further orders of this
Court. The current levy (75%) shall be supplied at the present rates and the
past levy (25%) shall be supplied at the then prevailing rates. This order will
continue till further orders of this Court.
Pleas raised by the petitioner that they are not liable to pay previous levy as
against the arguments of the learned counsel for the State that rice millers
cannot be allowed to avoid payment of prescribed levy and that if such
exemption is granted or they are allowed not to pay the levy of the previous
years, it will defeat the whole purpose of the scheme of levy may be
considered after the exchange of affidavits.
Order Date :- 6.1.2010
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