The right to be considered for benefits cannot be forfeited due to prior defaults in payment.

JUDGMENT

Ext.P14 is under challenge, wherein Ext.P12 request of the petitioner for considering his case in the Adalath has been rejected, citing the solitary reason that the petitioner failed to pay the amount covered by Ext.P12 in installments, a facility afforded to the petitioner earlier.

2. Having heard the learned Senior counsel for the petitioner and the learned Government Pleader, this Court finds that Ext.P14 cannot be sustained in law. The solitary reason stated in Ext.P14 is the petitioner’s failure to avail installment facility granted to him, earlier.

3. A demand was issued to the petitioner vide Ext.P6, claiming an amount of more than Rs.1,67,00,000/-. Vide Ext.P7, the Government granted the petitioner the benefit of paying the amount covered by Ext.P6 in four equal monthly installments, which will take effect after the petitioner pays 25% of the amount covered by Ext.P6. The petitioner neither paid 25% nor availed the benefit of the installments granted.

3. This Court finds that the reason which has weighed with the authorities in Ext.P14 cannot be recognized in law. It may be that the petitioner failed to avail the benefit granted vide Ext.P7. That does not preclude the petitioner’s right of his case being included and considered in the Adalath, which is a scheme/benefit given to the project proponents to wipe off the amounts due to the Government, be it in terms of royalty or penalty. It goes without saying that an Adalath will imply certain extent of concession, and if the payment as per the original demand is to be effected, the same need not be included in the Adalath. Vide Ext.P7, no concession, whatsoever, was given to the petitioner, except installments. If that be so, the benefit offered vide Ext.P7 cannot be treated akin to that of an Adalath. In the circumstances, the petitioner’s right of his case being considered in the Adalath cannot be deprived for his earlier default.

4. The upshot of the above discussion is that Ext.P14 cannot be sustained, and the same will stand set aside. There will be a direction to the 1^st respondent to consider the petitioner’s case, projected vide Ext.P12, in the Adalath, and to take an appropriate call in terms of law. Let the above exercise be done at the earliest. The petitioner will produce a copy of this judgment before the 1^st respondent for compliance.

This Writ Petition is disposed of as above.

Sd/-