9911796707
TMI Blog2019 (11) TMI 1707X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the instant Writ petition No. 4993 (MB) of 2006 with the following main reliefs:- "(i) Issue a writ, order or direction in the nature of Certiorari calling for the records and quashing the impugned order dated 11th July, 2006 passed by the Excise Commissioner, U.P. and letter dated 17th July, 2006 of the District Magistrate Shahjahanpur, U.P. demanding Rs. 6,39,32,449.44 contained in Annexure No. 19 and 20 to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to recover any amount from the petitioner towards the alleged demand with regards to the quantity of Indian made Foreign Liquor destroyed due to fire accident at Shahjahanpur on 10th April, 2003. (iii) Issue a wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Warehouse after manufacture and bottling, could be liable to any imposition of duty or it would be a case of loss to the Govt. which realization can be made by the Govt. if the petitioner fails to prove that he was not negligent or it is a case of realization of duty of wastage as per rule 7(11) (2) of the Bottling Rules. We are of the view that under the circumstances, relegating the petitioner to the forum of alternative remedy is not required in the instant case, we, therefore, overrule the aforesaid objection. Admit. Since the notice has already been accepted by the Chief Standing Counsel and the State has also filed a short counter-affidavit, Sri J.N. Mathur says that he may be given liberty to file a detailed counter-affidavit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to show that loss was caused on account of any negligence on the part of petitioner, we find that demand made in this writ petition is wholly illegal and cannot sustain." As the money, which was deposited by the petitioner in compliance of the interim order dated 25.07.2006, has not been refunded by the respondents despite of the fact that the writ petition was allowed by this Court vide judgment and order dated 10.04.2017, the present application (C.M. Application No. 90936 of 2019 on behalf of the petitioner for appropriate directions) has been moved. The said application has been pressed on following points:- "6. That in view of the fact that the order passed by the Excise Commissioner and consequential order passed by the District Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of the instructions received to him, submits that the grievances of the petitioner, as raised in the present application would be decided by the opposite parties. After hearing learned counsel for the parties and going through the record, we are of the considered opinion that the interest of justice will suffice, in the present case, if the Competent Authority/Respondent No. 2 is directed to consider and decide the application moved by the petitioner on 22.10.2019. For the foregoing reasons, the application (C.M. Application No. 90936 of 2019 on behalf of the petitioner for appropriate directions) is allowed. The Competent Authority/Respondent No. 2 is directed to decide the application moved by the petitioner on 22.10.2019, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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