Disposed

Shri Mahendra Nath Pandey v. State of U.P. and 2 Others

Allahabad HC20 Dec 2022WRIC/38959/2022

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition seeking quashing of a demand notice for sub-division charges. Directing the petitioner to submit an undertaking for payment contingent on the final outcome of a Supreme Court SLP, the Court ordered an interim stay on recovery and sanctioning of the building plan pending the final order.

What did the court decide?

Petitioner directed to submit undertaking for payment; stay on recovery of charges and sanction of building plan granted conditional on undertaking within two weeks.

Shri Mahendra Nath Pandey Vs State of U.P. and 2… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 38959 of 2022

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Petitioner :- Shri Mahendra Nath Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Prabhakar Singh Counsel for Respondent :- C.S.C.,Gaurav Dhama

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.

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Heard Shri Lal Prabhakar Singh, learned counsel for the petitioner, learned Standing Counsel for the State and Shri Brijendra Kumar, who has filed vakalatnama on behalf of respondent nos. 2 and 3.

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Though the writ petition has been filed for quashing the demand notice dated 12.12.2022 which relates to the sub-division charge as well as other charges, but learned counsel for the petitioner has confined the prayer only to the levy of sub division charges demanded under the impugned notice dated 12.12.2022 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 for payment of sub division charges with interest, if any chargeable, subject to final outcome of the above SLP. If

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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 :- 20.12.2022 A. V. Singh

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(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by AJAY VIKRAM SINGH Date: 2022.12.20 14:23:23 IST Reason: Location: High Court of Judicature at Allahabad

Shri Mahendra Nath Pandey v. State of U.P. and 2 Others

Case brief

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Shri Mahendra Nath Pandey v. State of U.P. and 2 Others

Case brief

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