Ramveer Vs State of U.P. and 4 Others

Court No. - 37

Case :- WRIT - C No. - 40279 of 2019

Petitioner :- Ramveer Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Achyut Jee,Raj Kumar Sharma Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi

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Hon'ble Abhinava Upadhya,J. Hon'ble Prakash Padia,J.

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Learned counsel for the petitioner prays for and is permitted to correct the description of respondent no. 5 during the course of the day.

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By means of this writ petition the petitioner has challenged the notice/demand dated 02.09.2019, by which a sum of Rs. 9,11,200/- has been demanded as excess payment made to the petitioner pursuant to a sale deed executed by him in favour of U.P. Expressway Industrial Development Authority.

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Sri M.C. Chaturvedi, learned Senior Advocate appearing for the U.P. Expressway Industrial Development Authority submits that number of such cases have been identified, where more than the deserving amount has been paid to the land holders while executing the sale deed, upon wrong appreciation of the location of the land and therefore a committee in this regard has been constituted under the Chairmanship of A.D.M. (Finance), which can look into these grievances.

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It is to be noted that once a sale deed has been executed, how can this demand be made with regard to the excess payment. It appears that in the garb of the notice a direction has been issued to the petitioner, without giving any opportunity, to refund the amount.

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Since the notice dated 02.09.2019 is in violation of the principles of natural justice, as such cannot be sustained and is hereby quashed. The authorities are at liberty to pass a fresh order with the approval of the aforesaid committee in accordance with law, after giving opportunity to the petitioner.

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The writ petition to the aforesaid extent is allowed at this stage.

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Order Date :- 10.12.2019 Pkb/

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(Prakash Padia, J.) (Abhinava Upadhya, J.)

Ramveer v. State of U.P. and 4 Others

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Ramveer v. State of U.P. and 4 Others

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