- (1.) THE petitioner is running a sugar factory. For purchase of sugar from the cane growers, certain amounts were due to be paid by the petitioner. Earlier recovery certificates were issued by the respondents for recovering the amount to be paid by the petitioner to the cane growers. However, after the issuance of the recovery certificate, the matter was settled by the petitioner with cane growers and cane cooperative societies and the entire amount due was paid directly by the petitioner to the cane growers and the cane cooperative societies. According to the petitioner, nothing remains to be paid to the cane growers or the cane cooperative societies. However, since recovery certificate had been issued by the respondent authorities and according to the respondents, recovery charges of 10 per cent was payable to the respondents, which was not paid by the petitioner, the impugned recovery certificate dated 24.09.2012 has been issued requiring the petitioner to pay certain amounts towards recovery charges. Challenging the same, this writ petition has been filed.
(2.) WE have heard Sri Tarun Agrwal, learned counsel for the petitioner as well as learned Standing counsel appearing for the State -respondents and have perused the record. Pleadings between the parties have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of finally at the admission stage.
(3.) BY order dated 10.10.2012, the recovery from the petitioner in pursuance of the impugned recovery citation dated 24.09.2012 had been stayed on the ground that same issue was engaging the attention of the Full Bench in a similar matter, in which case the judgment was reserved. Learned counsel has placed reliance upon the Full Bench decision in the case of Maharajwa and others vs. State of U.P. and others,2013 1 ADJ 426, wherein it has been held that in the event of defaulted amount has been paid directly to the creditor even after the issuance of recovery certificate, the recovery charges cannot be realized from the defaulter.;