Allahabad High Court
Smt. Archna Verma vs State Of U.P. And 2 Others on 17 August, 2022
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- WRIT - C No. - 22011 of 2022 Petitioner :- Smt. Archna Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Kumar Gupta Counsel for Respondent :- CSC,Pawan Kumar Singh Hon'ble Saumitra Dayal Singh,J.
Hon'ble Gajendra Kumar,J.
1. Present writ petition has been filed for the following relief :
"(i) Issue a writ, order or direction in the nature of certiorari calling for records of the case and quash the impugned demand notice dated 19.07.2022 (Annexure-2) issued by respondent development authority so far it relates to sub-division charge Rs. 12,37,387/-"
2. In identical facts, Writ - C No. 17708 of 2021 (Monica Garg Vs. State of U.P. & Anr.) has been disposed of vide order dated 27.08.2021 with the following observation:
"Heard Sri Kshitij Shailendra holding brief of Sri Ashish Agrawal, learned counsel for the petitioner; learned Standing Counsel for respondent No.1; and Sri A.N. Dubey, learned counsel for respondent no.2-Prayagraj Development Authority.
Though the writ petition has been filed for quashing the entire demand raised for external development charges and sub-division charges by order dated 8.7.2021, but the learned counsel for the petitioner has confined his prayer only to the levy of sub division charges in respect of building plan submitted by the petitioner for approval before the Development Authority.
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:-
"Issue notice.
Tag with Civil Appeal No.4489 of 2014.
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."
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.
Sri A.N. Dubey, learned counsel for development authority, submits that no useful purpose would be served by keeping this petition pending, same be disposed off by giving appropriate direction to the respondent concerned.
We, accordingly, dispose off 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 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.
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."
3. Accordingly, present writ petition is also disposed of on the same terms.
Order Date :- 17.8.2022 Abhilash