Zila Panchayat Udham Singh Nagar v. M/ s Mahav eer Packaging under I ndust ries Sect ion

Mr. Piyush Garg, Advocat e t he applicant . Mr. Deepak Bisht , Deput y Advocat e General for t he St at e of Ut t arakhand. Mr. Maneesh Bisht , Advocat e, holding brief of Mr . Vipul Sharm a, Advocat e for respondent no.2. t o t hat t hat sit uat e According I ndust ries, land ( A- 7 sit uat ed at t he above not ed addr ess; is a t he applicant , 2. firm nam ed as M/ s Mahaveer propriet or Packaging at A- 7 I ndust rial Est at e Bazpur Road Kashipur t he Dist rict Udham Singh Nagar; applicant is a m anufact ur er of packaging m at erial in t he nam e and st yle of said firm t he aforesaid unit of t he applicant is sit uat ed in a " Not ified I ndust r ial Area" and is under t he cont rol of Dist rict I ndust ries Cent re; t hat t he plot of I ndust rial Est at e Kashipur) over w hich t he indust ry is t he General leased out by sit uat ed was Manager Dist rict I ndust ries Cent re on behalf of Hon’ble Gov ernor of UP St at e in favour of Sri Tilak Raj Raw al and Sri Sat pal Bhakoo for est ablishing an indust ry ov er t he said plot ; t hat t he t hen successors and assignee of t he said lessees wit h t he per m ission of General Manager Dist rict I ndust ry Cent r e vide or der no. 4238- 42 dat ed 19- 03- 1999 t ransferr ed and leased out t he said plot of I ndust rial Est at e, land sit uat ed at A- 7 Kashipur m easuring 2422 sq yards in favour of Sri Pushpendra Kum ar Jain vide t ransfer agreem ent dat ed 19- 4- 1999; t hat out of t he t ot al area of 21800 sq ft . so t ransferred and allot t ed t o Sri Pushpendra Kum ar Jain in plot No. A- 7 I ndust rial Area, an area m easuring 7000 sq ft was furt her leased out by Sr i t he applicant Pushpendra Kum ar Jain t o fr om Act t hat respect t he aft er obt aining a perm ission Dist rict I ndust ries Cent r e vide per m ission t he applicant ’s dat ed 15- 10- 2008; indust ry t he Dist rict r egist ered wit h I ndust ries Cent r e as a m anufact urer of corrugat ed box es and flexible packaging m at erial; t hat t he applicant t ook an annual t he provisions of Zila license under Panchayat t he est ablishm ent of t he indust ry at t he said addr ess, how ever did not get t he sam e t he respondent no. 2 filed a crim inal com plaint case against t he applicant in t he Court of learned Chief Judicial Magist rat e, Udham Singh Nagar wit h t he allegat ions t hat t he applicant has run it s indust ry for t he year 2012- 13 wit hout t he CPT ( Circum st ance and Propert y Tax) ; t hat t he learned Magist rat e sum m oned t he applicant vide order dat ed 19- 02- 2016. Thus, feeling aggrieved, applicant has filed t his crim inal m isc. applicat ion. aft erwar ds; obt aining renew ed t hat Act fr om license respect Lear ned counsel indust r y being sit uat ed

3. t he applicant subm it s t hat t he applicant t ook an annual t he provisions of Zila license under Panchayat t he est ablishm ent of t he indust ry at t he said addr ess, how ever did not get t he sam e being r enewed aft erwar ds, as t her e is no necessit y obt aining a t he respondent no. 2 for t he reason of t he applicant in an t he Zila Panchayat indust rial area and t o grant j urisdict ion aut horit ies have no license or t o levy or collect any license fee or t ax in an indust rial area; t hat t he Zila respect Panchayat aut horit ies wrongly r elied upon t heir by e- laws dat ed 06- 12- 2005 not ified on 24- 12- 2005 and bye- laws dat ed 06- 09- 2006 not ified on 09- 09- 2006; t hat t he respondent no. 2 wit hout any aut horit y and wit hout t here being any provision under t he Zila Panchayat Act for filing a crim inal com plaint , filed a crim inal com plaint case against t he applicant in t he t hat lear ned Magist rat e court of learned Chief Judicial Magist rat e, Udham Singh Nagar pur port ing t o be under Sect ion 240 of t he Zila Panchay at Act ; t hat t he in a m echanical m anner wit hout applying it s j udicial m ind sum m oned t he applicant on such com plaint in a Crim inal Case no. 989 of 2016 Zila Panchayat Udham Singh Nagar Vs M/ s Mahav eer Packaging I ndust ries Sect ion 240 of t he Zila Panchayat Act , 1961; t hat t he respondent no. 2 wit hout any j urisdict ion over an indust rial area forces t he indust ries sit uat ed wit hin indust rial area t o obt ain a license from t hem ; t hat an issue t o t hat effect cam e t o be considered by Coordinat e Bench of in Writ Pet it ion no. 801 of 2009 ( M/ S) , Writ Pet it ion No. 636( M/ S) of 2014, Writ Pet it ion No. 342 ( M/ S) of 2012 and Writ Pet it ion No. 461( M/ S) of 2012, wherein t he Court held t hat t he Zila Panchayat is ent it led t o grant a license or a per m ission only in r espect of Rural Ar ea and not for Urban/ Not ified ar ea. t his Court Per cont ra, learned counsel

4. respondent no.2 subm it s t hat license fee t he have alr eady been dem anded applicant , failing t o deposit t he sam e, t he com plaint cam e t o be r egist ered against t he applicant . fr om t o license j urisdict ion Hear d lear ned counsel for t he part ies 5. and per used t he r ecord. The Zila Panchayat respect of area under it s j urisdict ion, which is out side t he ar ea earm arked as indust rial area. This cont r oversy has alr eady been decided by Coor dinat e Bench of t his Court in WPMS No.636 of 2014 and connect ed cases, decided on 28.03.2014, wherein t he Court held t hat Zila Panchayat has absolut ely no aut horit y under t he law t o im pose, levy or collect indust ry or person wit hin t he area of m unicipalit y, t own ar ea, not ified ar ea or SI DCUL ar ea and pr oceeded t o hold t hat t he im pugned not ice, asking t he pet it ioner t o pay t ax, do not sust ain in t he from any t ax eyes of law and quashed t he im pugned not ices. Since

6. t he cont r oversy has alr eady been laid t o rest by Co- or dinat e Bench of t his Court in t he aforesaid case, t his Court has no hesit at ion in quashing t he ent ir e proceedings of t he crim inal case r egist ered against t he applicant . Accordingly,

7. crim inal m isc. t he applicat ion t he ent ir e is allowed and proceedings of Crim inal Case No. 989 of 2016, pending in t he Court of learned Chief Judicial Magist rat e, Udham Singh Nagar ar e her eby quashed. ( A l o k M a h r a , J.) 18.08.2025 Arpan ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365 445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454 C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL