Court No. - 21
Case :- WRIT - C No. - 24561 of 2018 Petitioner :- Virendra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Kumar,Ajit Kumar Srivastava,Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This petition for writ is before us to question correctness of the order dated 5th July, 2018 passed by the respondent-Chief Executive Officer, Greater NOIDA, District Gautam Budh Nagar.
Submission of learned counsel appearing on behalf of the petitioner is that as a matter of fact possession of the entire land allotted to the petitioner has not been given and a deficiency of land measuring 6.91 sq. mts. exists.
Having considered the argument advanced and on going through the order impugned dated 5th July, 2018, it is apparent that a direction is given to the petitioner to satisfy the outstanding lease amount and that is subject to recalculation that is to be made subsequently.
We are of considered opinion that the petitioner has rightly been fastened with the liability to pay the lease rent amount subject to the recalculation.
In view of it, we deem it appropriate to dispose of this petition for writ with a direction to the respondent no.3 to recalculate the lease rent provided the petitioner deposits the entire demanded outstanding lease rent within a period of two months from today. After receiving the amount aforesaid, the respondent no.3 shall recalculate the lease rent amount and if any amount is paid by the petitioner in excess, then the same shall be refunded within a period of one week from the date of recalculation.
The writ petition with the directions as above is disposed of.
Order Date :- 26.7.2018 Bhaskar (Chandra Dhari Singh, J.) (Govind Mathur, J.)