M/s. Ram Pyari Cold Storage and Ice Factory and another vs State of U.P. and others

Satya Poot Mehrotra and Rajesh Chandra, JJ.—The petitioners had earlier filed a writ petition before this Court being Civil Misc. Writ Petition No. 65813 of 2010 in regard to their grievances against an order dated 13.10.2010 passed by the authority concerned u/s 24 of the U.P. Regulation of Cold Storages Act, 1976. The said writ petition was disposed of by a Division Bench of this Court on 9.11.2010 giving following directions:

Against this background, we are of the view that the writ petition can be disposed of and it is, accordingly, disposed of with a direction upon the petitioner to make a reference to the Licensing Authority u/s 25 of the Act within a week from the date of obtaining certified copy of the order when the authority after giving fullest opportunity of hearing pass an order in this regard within a period of one month from the date of reference and in case the petitioner is aggrieved he will proceed before the Appellate Forum u/s 36 of the Act.

In any event, implementation of the order impugned will be subject to the decision to be taken immediately by the authority concerned and the Appellate Authority, if filed, within time prescribed under law. No order is passed as to costs.

The petitioners have averred in the present writ petition that pursuant to the said order dated 9.11.2010 passed by this Court, the District Magistrate/Licensing Officer, Cold Storages, Aligarh passed an order dated 31.12.2010 u/s 25 of the aforesaid Act. Copy of the order dated 31.12.2010 has been filed as Annexure 5 to the present writ petition.

It is further averred by the petitioners that against the said order dated 31.12.2010, the petitioners filed an appeal u/s 36 of the aforesaid Act on 28.1.2011.

It is further averred by the petitioners that even though the said appeal filed by the petitioners is still pending, the respondents have initiated recovery proceedings against the petitioners. Copy of the citation dated 18.2.2011 has been filed as Annexure 1 to the present writ petition. Seizure order dated 6.3.2011 (Annexure 2 to the present writ petition) has also been issued against the petitioners.

It is submitted by Sri Manindra Pal Singh, learned Counsel for the petitioners that the action taken by the respondents in proceeding to initiate recovery proceedings and pass seizure order against the petitioners are in violation of the directions given by this Court in the aforesaid order dated 9.11.2010.

4., Thus, the contention of the petitioners is that the action taken by the respondents in proceeding to make recovery and pass seizure order against the petitioners are in violation of the directions contained in the aforesaid order dated 9.11.2010 passed by this Court. Without expressing any opinion as regards the correctness or otherwise of the said contention, we are of the opinion that in view of the said contention, the appropriate remedy for the petitioners is to file contempt petition under the Contempt of Courts Act, 1971.

We, therefore, dismiss the present writ petition without prejudice to the right of the petitioners to pursue appropriate remedy before the appropriate forum for appropriate relief.