Saraswati Devi vs. Zila Panchayat Champawat

Facts

The petitioner, Smt. Saraswati Devi, challenged a demand notice dated 21.08.2025 issued by the Upar Mukhya Adhikari, Zila Panchayat Champawat. The notice demanded ₹55,92,112 plus ₹20,16,380 as GST, totaling ₹76,08,492, to be deposited within three days. The petitioner contended that the demand was arbitrary, that she had not overcharged parking fees, and that the fees charged were in accordance with the rates specified in the tender notice. The respondent, Zila Panchayat Champawat, supported the notice, citing complaints of overcharging parking fees. However, they suggested that the petitioner could approach the District Magistrate/Mela Adhikari for a resolution through mediation.

Held

The Court did not decide the merits of the dispute regarding the alleged overcharging of parking fees or the validity of the demand notice. Instead, the Court disposed of the writ petition by directing the petitioner to make a representation to the District Magistrate within ten days. The District Magistrate is to constitute a committee, including a member from the Zila Panchayat and another from the District Administration, to attempt an amicable resolution of the dispute through mediation. The Court expressed hope that the committee's decision would be communicated to the petitioner within six weeks from the date of presentation of the order. No coercive action is to be taken against the petitioner for six weeks or until the committee's final decision, whichever is earlier. The petitioner is also directed to deposit parking dues collected from pilgrims regularly as per the contract terms.

Key Issues

1. Whether the demand notice issued by the Upar Mukhya Adhikari, Zila Panchayat Champawat, demanding ₹76,08,492 (including GST) from the petitioner is arbitrary and without basis, particularly concerning the alleged overcharging of parking fees. (Mixed question of law and fact) Petitioner's contentions: The demand is arbitrary. The petitioner did not overcharge parking fees and charged rates as per the tender notice. Other unspecified issues were also raised. Respondent's contentions: There were complaints of overcharging parking fees. If the petitioner has a grievance, she can approach the District Magistrate/Mela Adhikari for mediation.