Disposed

Deepak Gautam v. State of U.P. and 2 Others

Allahabad HC2 Aug 2022WRIC/21630/2022

Case brief

AI extract

What is this about?

Petitioner filed writ for quashing demand notice for subdivision charges related to building plan approval. Court stayed recovery pending outcome of pending SLP where levy was already stayed by Apex Court, conditioned on submission of undertaking.

What did the court decide?

Direction to petitioner to submit undertaking to pay charges with interest within two weeks for stay on recovery and onward sanction of building plan.

Deepak Gautam Vs State of U.P. and 2 Others — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 21630 of 2022

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Petitioner :- Deepak Gautam 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 Dharmendra Singh 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 15.07.2022 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 15.07.2022 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 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

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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 :- 2.8.2022 PS*

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

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Digitally signed by PRITI SHARMA Date: 2022.08.02 18:03:04 IST Reason: Location: High Court of Judicature at Allahabad

Deepak Gautam v. State of U.P. and 2 Others

Case brief

What is this about?

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Deepak Gautam v. State of U.P. and 2 Others

Case brief

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