Disposed

Khem Chand v. State of U.P. and 2 Others

Allahabad HC13 Jul 2022WRIC/19044/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a notice for subdivision charges. The court directed the petitioner to submit an undertaking to pay if ultimately liable. Upon compliance, a stay was granted on recovery and the building plan was to be sanctioned.

What did the court decide?

Undertaking to pay charges with interest if liable; stay on recovery and immediate sanction/release of building plan.

Khem Chand Vs State of U.P. and 2 Others — Public Procurement and Tenders | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 19044 of 2022

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Petitioner :- Khem Chand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ankit Kumar Rai Counsel for Respondent :- CSC,Dharmendra Singh Chauhan

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.

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Heard Shri Ankit Kumar Rai, learned counsel for the petitioner, learned Standing Counsel for the State and Sri D.S. Chauhan, counsel for respondent nos. 2 and 3.

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Though the writ petition has been filed for quashing the demand notice dated 03.06.2022 which relates to the sub-division charge as well as other charges, but the learned counsel for the petitioner has confined his prayer only to the levy of sub division charges demanded under the impugned notice dated 03.06.2022 in respect of building plan submitted by the petitioner for approval before the Development Authority.

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Learned counsel for the parties do not dispute that in so far as levy of sub divisional charges is concerned, same has already been stayed by the Apex Court in Special Leave Petition (Civil) No. 20258 of 2018 (Sri Ram Educational & Charitable Trust Vs. Vice Chairman, Muzaffarnagar Development Authority & Others). The order of the Apex Court reads as under:-

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"Issue notice.

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Tag with Civil Appeal No.4489 of 2014.

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There shall be stay on sub-division charges from the petitioner; however, we make it clear that in case the petitioner is ultimately found liable, he shall be liable to

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pay the same, with interest, as may be determined at the time of final order."

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Learned counsel for the petitioner submits, on instructions, that the petitioner is prepared to abide by the final outcome of above SLP, along with liability of interest, if any.

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We, accordingly, dispose of this petition with a direction that the petitioner shall submit an undertaking before the second respondent that he shall pay the sub division charges with interest, if any chargeable, subject to final outcome of the above SLP. If any such undertaking is submitted within two weeks from today and the petitioner pays the remaining amount under the impugned demand, there shall be a stay on recovery of sub division charges until the final outcome of the above SLP and the building plan shall be sanctioned and released forthwith, unless there is any other legal impediment.

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However, in the event of default on the part of the petitioner, this order shall automatically cease to have any effect without further reference to the Court.

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Order Date :- 13.7.2022 PS

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(Chandra Kumar Rai,J.) (Manoj Kumar Gupta,

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Digitally signed by PRITI SHARMA Date: 2022.07.14 16:36:26 IST Reason: Location: High Court of Judicature at Allahabad

Khem Chand v. State of U.P. and 2 Others

Case brief

What is this about?

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Khem Chand v. State of U.P. and 2 Others

Case brief

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