Disposed

Chhitar Singh and 3 Others v. State of Up and 2 Others

Allahabad HC11 Nov 2024WRIC/37083/2024

Case brief

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What is this about?

The Court disposed of a writ petition seeking refunds for exchange deed expenses, development charges, and penalty, and for land handover. No immediate relief was granted on merits. The petitioner was directed to submit a representation for a speaking order within twelve weeks.

What did the court decide?

Directed to decide the pending representation within twelve weeks by a speaking order.

Chhitar Singh and 3 Others vs State of Up and 2 Others — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:176509-DB

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.56)

Court No. - 21

Case :- WRIT - C No. - 37083 of 2024

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Petitioner :- Chhitar Singh And 3 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Virendra Pratap Pal Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

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1. The following prayers have been made:-

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"A) Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to refund half of the expense of the exchange deed to the petitioners along with interest, as per the settled terms and conditions of the allotment letter dated 16-04-2008 and the para No.4 of the exchange deed dated 07-06-2023, regarding the land comes under the Master Plan Road of the Taj Nagari IInd Phase, Agra.

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B) Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to calculate the development charge @ 2357/- per Sq. meters and refund the excess development charges taken @ Rs.6587/- per Sq. meters, along with interest.

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C) Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to refund the amount of Rs. 13,61,964/- along with interest, illegally taken by the respondent on 15.03.2022 under the head of penalty for delay.

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D) Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to hand over the entire land of area 501.48 Sq. meters to the petitioners or refund the charges of the less area of 15 Sq. meters of land, as per the current prevailing rate of land.

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E) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to decide the application of the petitioners dated 06-09-2024, within specific period fixed by this Hon'ble Court."

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2. Learned counsel for the petitioners places reliance on judgement dated 17.09.2016 in Writ C No. 59323 of 2014 in support of his submission that the Development Authority is liable to bear half of the expenses towards execution of exchange deed as mutually agreed between them. The operative part of the order passed in the said writ

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petition is as follows:

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"We are of the opinion that once exchange deeds had been executed way back in the year 2011 on the assurance so extended by ADA way back in the year 2008 then at this stage in the present matter they cannot take somersault on the basis of Board Resolution dated 2.11.2013.

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In view of above, the writ petition is allowed. The respondents are directed to pay half of the amount towards execution of transfer deeds as has been undertaken in the notices (Annexure No.1 to the writ petition) within three months from the date of receipt of certified copy of this order."

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3. Sri R.P.S. Chauhan appearing on behalf of the Development Authority states that the representation of the petitioners dated 06.09.2024 made in this behalf is pending and will be considered within such time as may be directed by this Court.

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4. Accordingly, the petition is disposed of with direction to the Vice-Chairman, Agra Development Authority, Agra to decide the representation of the petitioners dated 06.09.2024 by a speaking order, keeping in mind the clause (iv) of the exchange deed executed between the parties and the judgement dated 17.09.2016 passed in the aforesaid writ petition. The aforesaid exercise shall be completed within twelve weeks, from the date of the communication of the instant order along with a photocopy of the representation.

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Order Date :- 11.11.2024 Shubham Arya

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(Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.)

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Chhitar Singh and 3 Others v. State of Up and 2 Others

Case brief

What is this about?

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Chhitar Singh and 3 Others v. State of Up and 2 Others

Case brief

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