Case :- WRIT - C No. - 18538 of 2019 Petitioner :- Deepak Garg And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Man Mohan Singh,Vrindavan Mishra Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri M.M.Singh, learned counsel for the petitioners and the learned Standing counsel appearing for the respondents.
With the consent of the parties, the writ petition is being finally disposed of at this stage.
The petitioners through a registered sale deed dated 16.10.2018 purchased plot with the address KA 100 Kavi Nagar Ghaziabad U.P. The petitioner applied for mutation before the Ghaizabad Development Authority. The Authority, however, demanded a sum of Rs 3,35,000/- as mutation charges.
Learned counsel appearing for the petitioners submits that there are no rules framed by the Ghaziabad Development Authority or the State Government under which such demand can be raised as mutation charges. He has relied upon a decision of this Court in the case of Vinay Kumar Garg and another Vs State of U.P. and two others in Writ C No 1383 of 2019 decided on 11.2.2019 wherein similar controversy arose with regard to plot in Kavi Nagar Ghaziabad. This Court quashed the demand holding that without there being any rules, such demand cannot be raised and directed the authorities to take appropriate decision.
Sri Vrindaban Mishra learned counsel appearing for Ghaziabad Development Authority however concedes that no such rules are in force. However he submits that Rules have already been framed but have been sent to the State Government for approval.
Merely framing of Rules would not entitle the authorities to levy any charge unless the same can be justified by some legislative Rules. There are no rules in force for levying such charges. As such, the demand raised by Ghaziabad Development Authority by way of Annexure 2 dated 9.5.2019 cannot be sustained and is hereby quashed with the direction to the Ghaziabad Development Authority to pass appropriate orders on the application of the petitioners for mutation.
Order Date :- 30.5.2019 MH
(Saurabh Shyam Shamshery, J.) (Abhinava Upadhya J)