Landowners sold bhoomdhari land to the State for a public road at a rate based on road width. Recovery notices demanded refund of alleged excess payment without prior notice or hearing. The court quashed the notices, allowed fresh explanation and evidence, and ordered refund of one withdrawn amount.
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Neutral Citation No. - 2024:AHC:193889-DB
Court No. - 21
Case :- WRIT - C No. - 17003 of 2024
Petitioner :- Doodhnath Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Prateek Sinha Counsel for Respondent :- Anadi Krishna Narayana,C.S.C.,Praneet Kumar Srivastava with Case :- WRIT - C No. - 19062 of 2024
Petitioner :- Somnath Singh Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Narendra Kumar,Pankaj Kumar Singh Counsel for Respondent :- C.S.C.,Sanjai Singh with Case :- WRIT - C No. - 20678 of 2024 Petitioner :- Ajay Kumar And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Manish Kumar Singh Counsel for Respondent :- Abhishek Ahuja,C.S.C. with Case :- WRIT - C No. - 25634 of 2023 Petitioner :- Smt. Seema Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tarkeshwar Mishra Counsel for Respondent :- CSC with Case :- WRIT - C No. - 26938 of 2024
Petitioner :- Smt Murti Devi Respondent :- State Of Up And 2 Others
Counsel for Petitioner :- Puneet Bhadauria Counsel for Respondent :- C.S.C. with
Case :- WRIT - C No. - 27602 of 2024
Petitioner :- Suneel Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Kumar Singh Counsel for Respondent :- C.S.C.,Sanjai Singh with
Case :- WRIT - C No. - 27700 of 2024
Petitioner :- Sushil Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Manish Kumar Singh Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
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as it was needed by them for construction of a public road. As per the sale agreement, the petitioners were paid sale consideration at the rate of Rs.17600/- per sq. mtrs. The said amount was calculated on the assumption that their property was situated on a road having width between 5 to 9 meters. It is relevant to note that the sale consideration at which the land was to be purchased was decided by a Committee comprising of six government officials on 02.11.2022. According to it, the approved rate was Rs.10,200/- per sq. mtrs. for land situated on road having width between 0 to 5 meters and Rs.17,600/- per sq. mtrs. for land situated on road having width between 5 to 9 mtrs.
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amount. A copy of the said notice was forwarded to the concerned Bank where the sale consideration was initially transferred in pursuance of the sale deed and as a result whereof, in one case, the bank has remitted the money back to the State and in other cases, on account of interim order granted by this Court, the amount could not be transferred.
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debit the account of an account holder on basis of such notice, it is directed that the State shall forthwith remit the amount back to the account of the petitioner within a week from the date of communication of the instant order to the Special Land Acquisition Officer (respondent no.4).
(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 11.12.2024 Ankit.
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Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad
1 issue framed by the court
Were recovery notices demanding refund of excess sale consideration issued without hearing the petitioners sustainable in law?
Doodhnath
Somnath Singh
Ajay Kumar And Another
Smt. Seema Devi
Smt Murti Devi
Suneel Kumar
Manoj Kumar Gupta
Anish Kumar Gupta
As recorded by the court registry
10 orders share this CNR
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