HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application (u/s 482 Cr.P.C) No. 1115 of 2016

M/s Tarai Biotech Pvt. Ltd. -------Applicant

Versus

State of Uttarakhand and others

-----------Respondents

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Presence:-

Mr. Piyush Garg, learned counsel for the applicant.

Mr. Devendra Rana, learned AGA and Mr. Vikash Uniyal,

Brief Holder for the State/respondent no.1.

None for the respondent no.2.

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Hon’ble Mr. Subhash Upadhyay, J.(oral)

Present Criminal Misc. Application under

Section 482 of the Criminal Procedure Code, 1973, has been filed by the petitioner with the prayer to quash the summoning order dated 19.02.2016 as well as the entire proceedings of Criminal Case No. 987 of 2016, Zila Panchayat, Udham Singh Nagar vs. M/s Tarai Biotech Pvt. Ltd., Under Section 240 of the U.P. Kshettra Panchayat and Zila Panchayat Act, 1961, pending in the Court of learned Chief Judicial Magistrate, Udham Singh

Nagar.

2. The applicant is a proprietor firm, namely, M/s Tarai Biotech Pvt. Ltd. situated at B-5 Industrial Estate, Bazpur Road, Kashipur, District Udham Singh Nagar. The applicant is manufacturer of cattle feed, poultry feed and veterinary health products in the name and style of said company at the above noted address; the aforesaid

unit of the applicant is situated in a Notified Industrial Area and is under the control of the District Industries Centre.

3. The counsel for the applicant submits that the applicant is an industrial unit established under the notified Industrial Area in District Udham Singh Nagar and is aggrieved by the proceedings initiated by the Zila Panchayat, Udham Singh Nagar invoking the provisions of Section 240 of the Zila Panchayat Act. Counsel for the applicant further submits that under the misconception of law and facts and on the same being misconstrued by the respondent no. 2, the applicant took an annual license under the provisions of Zila Pancahayt Act in respect of the establishment of industry at the said address, however did not get the same being renewed afterwards as there is no necessity of obtaining a license from the respondent no. 2 for the reasons of the applicant industry being situated in an industrial area and the Zila Panchayat authorities have no jurisdiction to grant license or to levy or collect any license fee or tax in an industrial area . The Zila Panchayat authorities in that respect wrongly relied upon their bye-laws dated 06.12.2005, notified on 24.12.2005 and bye-laws dated

06.09.2006 notified on 09.09.2006.

4. Counsel for the applicant thus submits that the unit of the applicant being situated in a notified Industrial area, the Zila Panchayat Authorities have no jurisdiction to grant license or to levy or collect any license fee or tax from an industry operating in industrial area. The Zila Panchayat Authorities without any authority filed a complaint against the applicant before the Chief Judicial Magistrate, Udham Singh Nagar purported to be under Section 240 of the Zila Panchayat Act, and the learned Magistrate in a mechanical manner without applying its judicial mind summoned the applicant.

5. Learned counsel for the applicant submits that the issue as to whether the Zila Panchayat has any authority to grant license or permission or to levy tax in a notified Industrial Area has been considered by the learned Coordinate Bench of this Court in Writ Petition No. 342 (M/S) of 2012 Kumaon Garhwal Chamber of Commerce and Industry vs. State and others and Writ Petition No. 636 (M/S) of 2014 M/s Revati Print Pack vs. State. In Writ Petition No. 636(M/S) of 2014, the Coordinate Bench has held as under:

“Undisputedly, SIDCUL is not under the control of Zila Panchayat, Haridwar and all the roads, drains, sewers and street lights are being installed, developed and managed by the SIDCUL within the territory of SIDCUL township Roshanabad Haridwar. No ameni