Court No. - 40
Case :- WRIT - C No. - 7783 of 2021 Petitioner :- Kriteshwar Nath Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi,Suparn Samadariya Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard Sri Wasim Masood holding brief of Sri Agnihotri Kumar Tripathi, learned counsel for the petitioner, Sri Pawan Kumar Singh for respondents 2 and 3; and learned Standing Counsel for the State-respondent no.1.
Though the writ petition has been filed for quashing the entire demand raised by order dated 23rd October, 2020, but the learned counsel for the petitioner has confined his prayer only to the levy of sub divisional 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 Pawan Kumar Singh, 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 divisional 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 divisional 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 :- 24.8.2021. Rks.