Chief Justice's Court
Case :- WRIT - C No. - 11535 of 2018 Petitioner :- Devendra Kumar Garg Charitable Trust And Anr.
Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Ajay Kumar Singh,Ashish Kumar Singh Counsel for Respondent :- C.S.C.,Rohan Gupta
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Ashish Kumar Singh, learned counsel for the petitioners and Mr. Rohan Gupta, learned counsel for respondent nos. 4 and 5 - Authority.
This writ petition impugns the recovery citation dated 13.03.2018, issued under Rule 141(3) of the Uttar Pradesh Revenue Code, 2006 for an amount of Rs. 2,90,04,909/-. It is not in dispute and it also appears from the order dated 20.11.2017 (Annexure-11) that allotment of plot in favour of petitioners has been cancelled. This order has not been challenged by petitioners in the instant writ petition. However, counsel for the petitioners, on instructions, submits that petitioners desire to challenge the said order in appropriate proceedings. It appears that one more petition filed by petitioners, bearing Writ-C No. 54386 of 2017, is pending. Counsel for the petitioners submits, that he has instructions to make an application for amendment of the said writ petition, challenging the order of cancellation dated 20.11.2017. We are not expressing any opinions on the submission made on behalf of the petitioners. Counsel for the petitioners also raises dispute about the amount mentioned in the recovery citation. According to him, petitioners are liable to pay only Rs. 2,22,00,000/-. On the other hand, counsel for the respondent - Authority submits that the amount as mentioned in the recovery citation, with interest, is correct. We are not entering into this controversy also. In this backdrop, counsel for the parties have agreed for disposal of the writ petition by the following order:
(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.
Petition is accordingly disposed of.
Order Date :- 29.3.2018 AHA (Dilip B Bhosale, CJ) (Suneet Kumar, J)