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Judgment
74 paragraphs · 516 wordsPankaj Purohit, J
The petitioner was granted license for sowing and harvesting of the crop over the agricultural land belonging to the respondent-University.
The license was granted to the petitioner w.e.f., 01.06.2024 to 31.05.2027 and the petitioner was required to pay a total sum of ₹81,23,974/- in five installments.
The installment to be paid by the petitioner is shown in the chart as under:-
Installment
Percentage
Due date
Installment
amount
1st Installment
30%
22-06-2024
₹24,37,192/-
2nd
Installment
20%
15-12-2024
₹16,24,795/-
3rd
Installment
20%
30-04-2025
₹16,24,795/-
4th
Installment
15%
15-12-2025
₹12,18,596/-
5th
Installment
15%
30-04-2026
₹12,18,596/-
Learned counsel for the petitioner submits that the petitioner has paid the installments time to time when it fell due.
The payment made by the petitioner is also shown in the chart as under:-
Installme
nt
Due date
Installment
amount
Amount
deposited
Remaining
balance
1st 30%
22-06-2024
₹24,37,192/-
₹24,37,192/-
NIL
2nd
20%
15-12-2024
₹16,24,795/-
₹6,47,589/-
Rs.10
lakhs
3rd 20%
30-04-2025
₹16,24,795/-
Pending
----
4th 15%
15-12-2025
₹12,18,596/-
Pending
----
The only dispute is with regard to the payment of the IVth installment to be made by the petitioner amounting to ₹12,18,596/-. This IVth installment has not been paid by the petitioner so far while the Vth installment is required to be paid by 30.04.2026.
It is submitted by learned counsel for the petitioner that the petitioner is ready to make the payment of the installments due against him after harvesting of the crop if some breathing time is given to the petitioner.
He further submits that the respondent cannot stop the petitioner from harvesting the crop as the license has been granted to the petitioner which is scheduled to be expired in the year 2027.
Per contra, learned counsel for the respondents submits that the total amount which is due against the petitioner till date is ₹59,96,155/- apart from Vth installment i.e.,₹12,18,596/-.
Having heard the learned counsel for the parties and having perused the record of the case, this Court is of the view that the amount which is shown due against the petitioner appears to be exorbitant in view of the fact that the IVth installment (15%) which the petitioner has to pay is ₹12,18,596/- and the Vth installment (15%) which has to be paid by the petitioner by 30.04.2026 is ₹12,18,596/-.
It appears that the amount which has been stated by learned counsel appearing for the respondent- University appears to be mis-calculated as this cannot be four times of the amount as per the installments. Further if harvesting is not allowed to the petitioner, the entire crop would be destroyed. That will not be in the interest of any of the parties.
In this view of the matter, respondent- University is directed to permit the petitioner to harvest the crop. Petitioner shall deposit the IVth and Vth installment as per the original license fee calculated, by 30th September, 2026, after harvesting the crop along with late fees and interest, if any, as prescribed under the license.
Accordingly writ petition stands disposed of in the above terms.