M/S Hari Seeds Industries vs State Of Uttarakhand And Others on 25 April, 2014

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Uttarakhand High Court

M/S Hari Seeds Industries vs State Of Uttarakhand And Others on 25 April, 2014

Bench: V.K. Bist

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
           SPECIAL APPEAL NO. 120 OF 2014
     (CLMA Miscellaneous Application No. 3558 of 2014)
M/s Hari Seeds Industries                                 ........Appellant.
                               Versus
State of Uttarakhand and others.                   ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 121 OF 2014
       (CLMA Miscellaneous Application No. 3575 of 2014)
M/s R.K. Industries                          ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 146 OF 2014
       (CLMA Miscellaneous Application No. 3577 of 2014)
M/s M.K. Industries                          ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 147 OF 2014
       (CLMA Miscellaneous Application No. 3618 of 2014)
M/s M.R. Pagiya Rice Mills                   ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 148 OF 2014
       (CLMA Miscellaneous Application No. 3568 of 2014)
M/s M.R. Pagiya Rice Mills                   ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 149 OF 2014
       (CLMA Miscellaneous Application No. 3627 of 2014)
M/s Anand Industries                         ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
                                        2




               SPECIAL APPEAL NO. 150 OF 2014
M/s Kashipur Rice Mills                   ........Appellant.
                               Versus
State of Uttarakhand and others.      ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 151 OF 2014
       (CLMA Miscellaneous Application No. 3584 of 2014)
M/s R.R. Industries                          ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 152 OF 2014
       (CLMA Miscellaneous Application No. 3565 of 2014)
M/s Nainital Tarai Seeds Ltd.                ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 153 OF 2014
       (CLMA Miscellaneous Application No. 3633 of 2014)
M/s Goyal Grain Traders                      ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 154 OF 2014
       (CLMA Miscellaneous Application No. 3563 of 2014)
M/s D.B. Industries                          ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 155 OF 2014
       (CLMA Miscellaneous Application No. 3612 of 2014)
M/s Mohit Industries                         ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
              SPECIAL APPEAL NO. 156 OF 2014
      (CLMA Miscellaneous Application No. 3579 of 2014)
M/s Satya Hari Rice Industries              ........Appellant.
                                             3




                               Versus
State of Uttarakhand and others.                         ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 157 OF 2014
       (CLMA Miscellaneous Application No. 3614 of 2014)
M/s Naman Seeds Products                     ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 158 OF 2014
       (CLMA Miscellaneous Application No. 3620 of 2014)
M/s Sharda Rice & General Mills              ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
               SPECIAL APPEAL NO. 159 OF 2014
       (CLMA Miscellaneous Application No. 3582 of 2014)
M/s Mahadev Rice Mills                       ........Appellant.
                               Versus
State of Uttarakhand and others.       ...........Respondents.
Mr. V.K. Kohli, Senior Advocate assisted by Mr. H.M. Bhatia, Advocate for the
appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.
                                 &
               SPECIAL APPEAL NO. 114 OF 2014
M/s Krishna Rice Mill                     ........Appellant.
                               Versus
State of Uttarakhand and others.      ...........Respondents.
Mr. Manish Arora, Advocate for the appellant.
Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand / respondent no. 1.
Mr. J.C. Belwal, Advocate for respondent no. 2.

Hon'ble Barin Ghosh, C.J.

Hon'ble V.K. Bist, J.

All these Appeals are against the selfsame judgment and order and, accordingly, are dealt with by this common order.

2. Misc. Applications are allowed and filing of the certified copy of the judgment is dispensed with in exercise of power under proviso to Order 41 Rule 1 Sub Rule (1) of the Code, inasmuch as, a certified copy of the common judgment appealed against has been filed in Special Appeal No. 150 of 2014.

3. There has been 15 days' delay in preferring the Special Appeal No. 114 of 2014. Accordingly, an Application (CLMA No. 3314 of 2014) has been filed for condonation of delay in preferring the Appeal, which is not being opposed by the respondents. We have independently considered the averments made in the Application for condonation of delay and being satisfied with the reasons for the delay, allow the Application for condonation of delay and, thereby, condone the delay.

4. Admit.

5. List these appeals together for hearing in their turn.

6. On the undertaking of the appellants that in the event of losing in the Appeals, they will pay all the dues, due and payable, we grant an order of status quo as prevalent as on today, but make it absolutely clear that this status quo order will not allow the appellants not to pay market-fee and development cess on sale of rice by the appellants.

      (V.K. Bist, J.)                      (Barin Ghosh, C.J.)
                           25.04.2014
Rathour

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