Court No. - 39
Case :- WRIT - C No. - 17564 of 2021 Petitioner :- Vibha Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Kumar Gupta Counsel for Respondent :- C.S.C.,Avadhesh Narayan Dubey,Pawan Kumar Singh
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
The petitioner is raising a dispute with regard to the demand notice dated 08.07.2021 wherein apart from other charges, the sub-division charges to the tune of Rs.4,69,917/- have been levied.
The question with regard to the levy of sub-division charges is subject matter of consideration before the Apex Court in Special Leave to Appeal (C) no.20258 of 2018 (Sri Ram Educational & Charitable Trust vs Vice Chairman, Muzaffarnagar Development Authority & others). The Division Bench of this Court have entertained writ petitions. One of such orders passed in Writ C no.1384 of 2021 (appended at page-'22' of the writ petition) has been placed before us.
Accordingly, the demand raised by the development authority for levy of the sub-division charges in the demand notice dated 08.07.2021 is hereby stayed. However, the petitioner would be under obligation to deposit other charges levied in the said notice, as there is no dispute with regard to the same. Upon deposit of the said charges, the competent authority shall consider the map submitted by the petitioner and take a decision in accordance with law.
Let the present petition be listed after final disposal of the Special Leave Petition by the Supreme Court.
In the meantime, Sri Pawan Kumar Singh, learned Advocate on behalf of respondent nos.2 and 3 may file counter affidavit. Learned Standing counsel appearing for the State respondent may also file a reply.
Order Date :- 19.8.2021 Nitin Verma