Title: UP Congress Committee vs State of UP And Others.
Decided on: 05-10-2023.
Writ C No. – 3740/1998.
CORAM: Hon’ble Justice Vivek Chaudhary, Hon’ble Justice Manish Kumar.
Introduction:
The Allahabad High Court directed the Congress Party to pay over ₹2.66 crore to the Uttar Pradesh State Road Transport Corporation (UPSRTC) within three months for using its buses and taxis between 1981 and 1989.
A division bench of Justice Vivek Chaudhary and Justice Manish Kumar rejected the allegation of political vendetta raised by Congress and said that the amount should be paid along with an interest of 5 percent from the date it is due.
Facts of the Case:
Dispute between UP Congress Committee (UPCC) and Uttar Pradesh State Road Transport Corporation (U.P.S.R.T.C.) wherein U.P.S.R.T.C. claims Rs. 2,68,29,879.78 from UPCC for using its vehicles during UPCC’s government tenure.
A recovery notice dated 10.11.1998 triggered the legal battle thereafter UPCC filed a writ petition, arguing the recovery notice’s legality under the U.P. Public Moneys (Recovery of Dues) Act, 1972.
The case has been pending since 1998 without resolution and Documents show unpaid bills for vehicles used in political activities. UPCC claims these were instructed by the State Government.
The primary legal issue is whether the amount can be recovered as land revenue under the Act, despite no specific agreement.
Court’s Analysis and Decision:
The court notes that while there may not be a specific agreement for recovery under the Act of 1972, the petitioner did use the services of U.P.S.R.T.C. for its political activities, and bills were raised for these services.
The petitioner UPCC is directed to pay to the respondents U.P.S.R.T.C. the entire due of Rs.266 Lakhs along with an interest of 5% from the date it is due within a period of three months.
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Written by- Kusuma R
