Disposed

Madhusudan Agrawal and Another v. State of U.P. and 2 Others

Allahabad HC13 Jul 2022WRIC/19057/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition regarding sub-division charges. Relying on a Supreme Court order staying such charges, the Court directed petitioners to submit an undertaking to pay charges with interest if ultimately liable, subject to the final outcome of the SLP.

What did the court decide?

Petition disposed of; petitioners directed to submit undertaking to pay charges with interest if liable; recovery stayed until SLP outcome.

Madhusudan Agrawal and Another Vs State of U.P. and 2… — Property and Title | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 19057 of 2022

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Petitioner :- Madhusudan Agrawal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Kumar Gupta Counsel for Respondent :- CSC,Pawan Kumar Singh

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

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Heard Shri Shiv Kumar Gupta, learned counsel for the petitioner, learned Standing Counsel for respondent No. 1, Shri Pawan Kumar Singh, learned counsel for respondent nos. 2 & 3 and perused the record.

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Though the writ petition has been filed for quashing the demand notice dated 02.06.2022 which relates to the sub-division charge as well as other charges, but the learned counsel for the petitioners has confined his prayer only to the levy of sub division charges demanded under the impugned notice dated 02.06.2022 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 petitioners submits, on instructions, that the petitioners are prepared to abide by the final outcome of above SLP, along with liability of interest, if any.

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We, accordingly, dispose off this petition with a direction that the petitioners shall submit undertaking before the second respondent that they 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 petitioners pay 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 petitioners, 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, J.)

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Digitally signed by PRITI SHARMA Date: 2022.07.14 16:36:00 IST Reason: Location: High Court of Judicature at Allahabad

Madhusudan Agrawal and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Madhusudan Agrawal and Another v. State of U.P. and 2 Others

Case brief

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What did the court decide?

What the court decided

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