Jasbir Kaur vs State Of Uttarakhand And Others

Manoj Kumar Tiwari J

Petitioner was granted license for retail sale of Indian Made Foreign Liquor at Sitarganj & Jaspur for the Financial Year 2020-2021. Petitioner is

aggrieved by two demand notices issued by District Magistrate, Udham Singh Nagar. By the first notice dated 03.04.2021, issued in respect of Indian

Made Foreign Liquor shop at Sitarganj, petitioner has been asked to deposit a sum of Rs. 82,40,778/- within one week, failing which, the amount may

be recovered from her as arrears of land revenue. By the second notice of even date, issued in respect of Indian Made Foreign Liquor Shop at Jaspur,

petitioner has been asked to deposit a sum of Rs. 42,14,698/- within one week, failing which, the amount may be recovered from her as arrears of land

revenue.

Learned counsel for the petitioner submits that petitioner is not challenging the demand notices, as petitioner admits her liability to pay the amount as

demanded by the District Magistrate. He, however, submits that since business of the petitioner is badly affected due to the Pandemic and the

consequent lockdown imposed by the Government, therefore some reasonable time be given to her for depositing the amount indicated in the demand

notices.

Learned Advocate General assisted by Mr. C.S. Rawat, Chief Standing Counsel submits that, having regard to the willingness shown by the

petitioner to deposit the amount demanded by District Magistrate, he has no objection if petitioner is asked to deposit the amount in eight monthly

installments, provided she deposits a substantial amount in first installment.

Having regard to the facts & circumstances of the case, the writ petition is disposed of with the following directions:

(i) Petitioner shall deposit 30% of the amount demanded from her, positively on or before 6.07.2021. In case petitioner fails to deposit 30% of the

amount demanded on or before 06.07.2021, then respondents shall be at liberty to proceed against petitioner for recovery of the entire amount, in

accordance with law.

(ii) The remaining amount shall be deposited by the petitioner in seven equal monthly installments. The next installment would be payable on or before

7.08.2021 and the remaining installments would be payable on or before 7th day of each succeeding month.

(iii) Interest, if any, shall be added in the last installment.

(iv) Subject to fulfillment of aforesaid conditions, recovery proceedings against the petitioner shall be kept in abeyance till 10.02.2022.

(iv) As petitioner has undertaken to directly deposit the entire amount with the concerned Department, therefore, she shall not be liable to pay

recovery charges.

(v) However, it is made clear that in case of default on the part of the petitioner to abide by the aforesaid conditions, she shall not be entitled to

protection of this order and respondents would be free to proceed against her for recovery of the entire amount, in accordance with law.