Sudhir Agarwal,J. - (1.) Heard Sri Shafiq Mirza, Advocate, for petitioner; and, learned Standing Counsel and Sri N.C. Mehrotra, Advocate, for respondents in all these writ petitions.
(2.) Petitioner in Writ Petition No. 3225 of 2008 (hereinafter referred to as 'WP-1'), M/s. Ganesh Grain Store, Raniganj Bazar, Ballia has filed WP-1 under Article 226 of Constitution praying for issue of a writ of certiorari and quash order dated 31.03.2008 (Annexure-6 to WP-1) passed by Sri R.K. Arya, Deputy Director (Administration), Krishi Utpadan Mandi Samiti, Varanasi dismissing petitioner's Revision No. 993 of 2007 submitted under Section 32 of U.P. Krishi Utpadan Mandi Samiti Act, 1964 (hereinafter referred to as 'Act, 1964'). Petitioner has also prayed for a writ of certiorari to quash order dated 14.09.2007 (Annexure-9 to WP-1) issued by Additional Legal Adviser informing Regional Deputy Director, Mandi Samiti, Varanasi that vide order dated commanding respondent-1 to exercise its power under Section 33B of Act, 1964 and also prayed that Section 20 of Act, 1964 be declared ultra vires and unconstitutional.
(3.) Facts in brief, giving rise to WP-1, are that vide Government Order dated 24.12.2001 (Annexure-1 to WP-1) two per cent exemption in Mandi Fee and half percent rebate in Development Cess was granted, besides two per cent concession in Trade Tax. Petitioner conducted business in the Financial Years (hereinafter referred to as 'F.Y.') 2003-04, 2004-05, 2005-06. The exemption aforesaid was granted for the F.Y. 2001 to 2006. Therefore, with the end of scheme, petitioner's business also stood closed. However, petitioner received a letter dated 30.04.2007 issued by Mandi Samiti, Ballia (respondent-5), raising demand of Rs. 10,22,622.90 stating that petitioner did not deposit the bill of loading/shipment H Form Second Copy and, therefore it was liable to pay the aforesaid amount. A reminder demand notice dated 22.05.2007 directing petitioner to deposit the aforesaid amount was also received. Thereafter, petitioner filed Revision against the aforesaid orders before Director, Mandi Samiti vide memo of Revision dated 31.07.2007. Before filing Revision, petitioner filed Writ Petition before this Court challenging demand notice in which an interim order was also passed but when petitioner availed statutory remedy of Revision, Writ Petition (MB) No. 6858 of 2007 was dismissed vide judgment dated 17.09.2007 with a direction to competent authority to decide Revision within a period of one month from the date of receipt of certified copy. Consequently, impugned revisional order has been passed on 31.03.2008 by Deputy Director rejecting petitioner's Revision.;