STATE OF U.P. THR. SECRETARY AND ORS. versus PREM CHOPRA

Citation: [2022] 2 S.C.R. 990 · Decided: 25-03-2022 · Supreme Court of India · Bench: S. ABDUL NAZEER · Disposal: Appeal(s) allowed
Cited by 1 judgment(s) · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A
B
C
D
E
F
G
H
990
SUPREME COURT REPORTS
[2022] 2 S.C.R.
[2022] 2 S.C.R. 990
990
STATE OF U.P. THR. SECRETARY AND ORS.
v.
PREM CHOPRA
(Civil Appeal No. 2417 of 2022)
MARCH 25, 2022
[S. ABDUL NAZEER AND VIKRAM NATH, JJ.]
Interim order: Interim order of stay – Effect of – Held:
Imposition of a stay on the operation of an order means that the
order which has been stayed would not be operative from the date
of passing of the stay order – However, it does not mean that the
stayed order is wiped out from the existence, unless it is quashed –
Once the proceedings, wherein a stay was granted, are dismissed,
any interim order granted earlier merges with the final order and
interim order comes to an end – In such a situation, it is the duty of
the Court to put the parties in the same position they would have
been but for the interim order of the court, unless the order granting
interim stay or final order dis-missing the proceedings specifies
otherwise – On the dismissal of the proceedings or vacation of the
interim order, the beneficiary of the interim order would have to
pay interest on the amount withheld or not paid by virtue of the
interim order – On facts, as regards the liability of the respondent
to pay interest for the period during which recovery of license fee
was stayed by the High Court and eventually the writ petition was
dismissed, the High Court erred in holding that the respondent was
not liable to pay interest on arrears of excise revenue due to the
protection given under the interim order – Thus, the order passed
by the High Court set aside –U.P. Excise Act, 1910 – U.P. Excise
(Settlement of License for Retail Sale of Country Liquor) Rules,
2002.
Shree Chamundi Mopeds Ltd. V. Church of South India
Trust Association CSI CINOD Secretariat, Madras
(1992) 3 SCC 1 : [1992] (2) SCR 999; Kanoria
Chemicals and Industries Ltd. and Others v. U.P. State
Electricity Board and Others (1997) 5 SCC 772 : [1997]
(2) SCR 844; Rajasthan Housing Board and Others v.
Krishna Kumari (2005) 13 SCC 151; South Eastern
A
B
C
D
E
F
G
H
991
Coalfields Ltd. V. State of M.P. and Others (2003) 8
SCC 648 : [2003] (4) Suppl. SCR 651; Nava Bharat
Ferro Alloys Limited v. Transmission Corporation of
Andhra Pradesh Limited and Another (2011) 1 SCC
216 : [2010] (14) SCR 900; State of Rajasthan and
Another v. J.K. Synthetics Limited and Another (2011)
12 SCC 518 : [2011] (10) SCR 993 – referred to.
Case Law Reference
[1992] (2) SCR 999
referred to
Para 18
[1997] (2) SCR 844
referred to
Para 19
(2005) 13 SCC 151
referred to
Para 20
[2003] (4) Suppl. SCR 651
referred to
Para 21
[2010] (14) SCR 900
referred to
Para 22
[2011] (10) SCR 993
referred to
Para 23
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2417
of 2022.
From the Judgment and Order dated 10.05.2018 of the High Court
of Judicature at Allahabad, Lucknow Bench at Lucknow in Misc. Single
No.2582 of 2003.
Samar Vijay Singh, Amit Ojha, Vipin Singh Bansal, Advs. for the
Appellants.
Ashok Kumar Singh, Ms. Pragya Singh, Akshay Singh, Shantwanu
Singh, Advs. for the Respondent.
The Order of the Court was passed by
S. ABDUL NAZEER, J.
(1) Leave granted.
(2) This appeal is directed against the order dated 10.05.2018
passed by the High Court of Judicature at Allahabad (Lucknow Bench)
in Misc. Single No. 2582 of 2003 whereby the High Court has set aside
the demand made by the appellants for a sum of Rs.10,08,210.51 towards
interest on arrears of excise revenue.
STATE OF U.P. THR. SECRETARY AND ORS. v. PREM CHOPRA
A
B
C
D
E
F
G
H
992
SUPREME COURT REPORTS
[2022] 2 S.C.R.
(3) Brief facts necessary for disposal of this case are as under:
On 14.03.2002, the Government of Uttar Pradesh declared the
Excise Policy for the year 2002-03. On the basis of the Excise Policy
and under the provisions of U.P. Excise (Settlement of License for Retail
Sale of Country Liquor) Rules, 2002 (for short ‘the Rules’), the District
Magistrate/Collector, Lakhimpur Kheri issued an advertisement for the
settlement of the excise shops for the year 2002-03.
(4) The respondent submitted an application in the prescribed form
for grant of license for the retail sale of country liquor shop, Mohammadi
No.1, Lakhimpur Kheri. A license was granted to the respondents for
the year 2002-03 (from 01.04.2002 to 31.03.2003) for an annual license
fee of Rs.29,52,000/-.
(5) In the month of December 2002, the respondent submitted an
application for surrendering the excise shop/license.
(6) As per the terms and conditions of the settlement, the r
Excerpt shown. Read the full judgment & AI analysis in Lexace.