collection charges on the recovery certificate
Querist :
Anonymous
(Querist) 22 March 2011
This query is : Resolved
The Amin is demanding the collection charges on a recovery certificate which has been withdrawn by the authority issuing that recovery certificate? Please cite the provisions relating recovery chages or collection charges?
Kirti Kar Tripathi
(Expert) 22 March 2011
if recovery is withdrawn, state can not charge recovery collection charges. In my one of the petition Hon'ble High Court has passed following interim order
Court No. - 27
Case :- MISC. BENCH No. - 2663 of 2010
Petitioner :- M/S Shivendra Printing Press, Thru.Its Prop.Gyanendra Dixit
Respondent :- State Of U.P., Thru. Prin. Secy.,Labour, & Others
Petitioner Counsel :- Kirti Kar Tripathi,Praveen Tiwari
Respondent Counsel :- C.S.C.
Hon'ble Devi Prasad Singh,J.
Hon'ble S.C. Chaurasia,J.
Learned Chief Standing Counsel who has accepted notice on behalf of
opposite parties is allowed four weeks' time to file counter affidavit. The
petitioner's counsel is allowed two weeks' time thereafter for the rejoinder
affidavit. List thereafter.
While challenging the impugned recovery proceedings, the petitioner's
counsel has relied upon the judgment reported in 1999(3) AWC 1885 Smt.
Vidya Devi versus Collector, Mahoba and others.
Further recovery proceedings shall remain stayed to the extent it relates to the
recovery charges.
Order Date :- 29.3.2010
kkb/
Chanchal Nag Chowdhury
(Expert) 23 March 2011
Since the original recovery certificate has been withdrawn by the authority issuing that recovery certificate, the question of paying collection charges does not arise.
