Court No. - 1
Case :- WRIT - C No. - 37682 of 2019 Petitioner :- Rajeev Mohan Saxena Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vineet Kumar Singh Counsel for Respondent :- Rohan Gupta,Suresh C. Dwivedi
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Vineet Kumar Singh, learned counsel for the petitioner and Sri Rohan Gupta, learned counsel for respondent nos. 3 & 4.
This petition is directed against the recovery dated 06.07.2019 for a sum of Rs. 8 lacs and odd, whereas, in view of the subsequent order passed by the Town Planner dated 31.08.2019 the total amount as had come to be assessed pending against the petitioner was only Rs. 3,03,987/- and which the petitioner admitted as his liability to pay. Accordingly on 26.11.2019 we had directed the petitioner to deposit the remaining amount.
Today an affidavit has been filed by the petitioner before this Court in which a cheque of Rs. 2,78,137/- has been appended. It is further stated in the affidavit that the petitioner had earlier deposited Rs. 25,850/- before the Tehsil authorities, receipt whereof has been filed along with this affidavit and it is thus the remaining amount only he has paid through the cheque.
Learned counsel appearing for the contesting respondent neither disputes the order of the Town Planner dated 31.08.2019 nor, does he dispute the deposit as claimed by the petitioner in the supplementary affidavit, and all that he contends that recovery citation/ certificate dated 06.07.2019 should be quashed subject to clearance of the cheque.
Thus, in such above view of the matter, the recovery of Rs. 8 lacs and odd is no more sustainable and recovery citation / certificate dated 06.07.2019 is accordingly quashed. However, quashment of the recovery citation / certificate is only subject to the amount of cheque being credited into the account of the respondent and if cheque is not cleared, the respondents shall be at liberty to proceed to recover the dues in accordance with law.
Writ petition stands disposed of.
Order Date :- 28.11.2019 IrfanUddin (Ajit Kumar,J.) (Ramesh Sinha,J.)