Chief Justice's Court
Case :- WRIT - C No. - 20331 of 2018 Petitioner :- Devendra Kumar Garg Charitable Trust And Another Respondent :- Meerut Development Authority And 2 Others Counsel for Petitioner :- Ashish Kumar Singh,Ajay Kumar Singh Counsel for Respondent :- Ashok Kumar Pandey
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. A.K. Singh, learned counsel for the petitioners and Mr. Ram Kumar Verma, learned Advocate, holding for Mr. A.K. Pandey, learned counsel for respondents- development authority.
The writ petition is basically against the order dated 9.5.2018, whereby respondents-authority has raised a demand of Rs.74,38,801/-. The petitioners on earlier occasion had approached this Court by way of Writ-C No.11535 of 2018 and the writ petition was disposed of by order dated 29.3.2018. The operative portion of the order reads thus:
“(1) Petitioners, without prejudice to their rights and contentions, shall deposit Rs. 2,22,00,000/- with the respondent - Authority within a period of four weeks from today. It is open to the petitioners to challenge the cancellation order dated 20.11.2017 only after depositing the amount, as aforementioned, with the respondent - Authority. Insofar as the difference of the amount between the amount mentioned in the recovery citation and the amount that petitioners have agreed to deposit is concerned, the same shall be resolved in appropriate proceedings.
(2) It is needless to mention that the respondent - Authority shall not take any coercive measures against the petitioners for a period of one month, to enable them to deposit the amount, as aforementioned. Once petitioners deposit the amount with the respondent - Authority, the Authority shall inform the Tehsildar not to give effect to the recovery citation. If the petitioners fail to obtain any order, as aforementioned, in appropriate proceedings in respect of the difference of the amount, it would be open to the respondent - Authority to recover the said amount as arrears of land revenue.”
Having due regard to the order passed in the earlier writ petition and the impugned demand notice, we are satisfied that this writ petition can be conveniently disposed of by the following order:
The petitioners shall submit their reply to the demand notice within a period of 15 days from today. The petitioners shall also place a copy of the order dated 29.3.2018 passed by this Court along with their reply. The Secretary, Meerut Development Authority shall consider the petitioners' reply and pass appropriate orders within a period of 15 days therefrom. Till then, no coercive action be taken against the petitioners.
The petition is, accordingly, disposed of.
Order Date :- 31.5.2018 RK (Suneet Kumar, J) (Dilip B Bhosale, CJ)