Allahabad High Court
Mukul Singh vs State Of U.P. And 2 Others on 21 July, 2022
Bench: Manoj Kumar Gupta, Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 20174 of 2022 Petitioner :- Mukul Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar,Mina Singh Counsel for Respondent :- CSC,Pawan Kumar Singh Hon'ble Manoj Kumar Gupta,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Rakesh Kumar, learned counsel for the petitioner, learned Standing Counsel for the State and Sri Ajay Singh, learned counsel for respondent nos. 2 and 3.
Though the writ petition has been filed for quashing the demand notice dated 29.06.2022 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 29.06.2022 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.
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 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.
Order Date :- 21.7.2022 Kirti (Dr. Y.K. Srivastava, J) (Manoj Kumar Gupta, J)