Facts
The petitioner was granted a license by the respondent-University for sowing and harvesting crops on University land from 01.06.2024 to 31.05.2027
Source reference: paras. 1-2The total license fee was ₹81,23,974/-, payable in five installments
Source reference: para. 2While the first installment was fully paid, the second was partially paid, and the third and fourth remained pending
Source reference: para. 5The petitioner sought "breathing time" to pay the remaining dues after harvesting the current crop, asserting that the University could not prevent harvesting as the license was valid until 2027
Source reference: paras. 7-8The University contended that the total outstanding amount was ₹59,96,155/- excluding the final installment
Source reference: para. 9The petitioner approached the High Court to seek permission to harvest and an extension for payment.
Source reference: no citationIssues
1. Whether the respondent-University can be directed to allow the petitioner to harvest crops despite outstanding license fee installments
Source reference: para. 11-122. Whether the outstanding amount claimed by the respondent-University was calculated in accordance with the license agreement
Source reference: para. 10-11Law Applied
The Court applied the principles of equity and the doctrine of balance of convenience to prevent the wastage of agricultural produce
Source reference: para. 11It further relied on the contractual terms of the license agreement regarding the schedule of installments, late fees, and interest
Source reference: para. 12Reasoning
The Court observed that the University’s claim of ₹59,96,155/- appeared "exorbitant" and "mis-calculated," as it was nearly four times the scheduled IVth and Vth installments of ₹12,18,596/- each
Source reference: para. 10-11The Court reasoned that if the petitioner were barred from harvesting, the entire crop would be destroyed, which would be prejudicial to both parties and serve no productive interest
Source reference: para. 11Consequently, the Court determined that the petitioner should be granted an extension to settle the dues post-harvest to ensure the recovery of funds and the preservation of the crop
Source reference: para. 12Holding
The High Court disposed of the writ petition by directing the respondent-University to permit the petitioner to harvest the crop
The petitioner was ordered to deposit the IVth and Vth installments, as calculated in the original license fee, by 30th September 2026
Source reference: para. 12The Court clarified that such payment must include late fees and interest as prescribed under the license agreement
Source reference: para. 12-13Original Court PDF
JASWINDER KAURvsGOVIND BALLABH PANT UNIVERSTIY OF AGRICULTURE AND TECHNOLOGY
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