Uttarakhand High Court

Harvesting permitted despite license fee arrears to prevent crop destruction and agricultural waste.

JASWINDER KAUR vs GOVIND BALLABH PANT UNIVERSTIY OF AGRICULTURE AND TECHNOLOGY

Uttarakhand High CourtJUDGMENT: April 09, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 1-2

The total license fee was ₹81,23,974/-, payable in five installments

Source reference: para. 2

While the first installment was fully paid, the second was partially paid, and the third and fourth remained pending

Source reference: para. 5

The 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. 7-8

The University contended that the total outstanding amount was ₹59,96,155/- excluding the final installment

Source reference: para. 9

The petitioner approached the High Court to seek permission to harvest and an extension for payment.

Source reference: no citation
02

Issues

1. Whether the respondent-University can be directed to allow the petitioner to harvest crops despite outstanding license fee installments

Source reference: para. 11-12

2. Whether the outstanding amount claimed by the respondent-University was calculated in accordance with the license agreement

Source reference: para. 10-11
03

Law 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. 11

It further relied on the contractual terms of the license agreement regarding the schedule of installments, late fees, and interest

Source reference: para. 12
04

Reasoning

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. 10-11

The 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. 11

Consequently, 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. 12
05

Holding

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. 12

The Court clarified that such payment must include late fees and interest as prescribed under the license agreement

Source reference: para. 12-13
Uttarakhand High Court

Original Court PDF

JASWINDER KAURvsGOVIND BALLABH PANT UNIVERSTIY OF AGRICULTURE AND TECHNOLOGY

Uttarakhand High Court · April 09, 2026

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