Neutral Citation No. - 2025:AHC:66571-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.42) Court No. - 21 Case :- WRIT - C No. - 1995 of 2025 Petitioner :- Adarsh Nagar Pragati Sheel Sahakari Avas Samiti Ltd Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Saushthav Guha,Swetashwa Agarwal Counsel for Respondent :- C.S.C.,Vivek Saran Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Shashi Nandan, learned Senior Counsel assisted by Sri Swetashwa Agarwal, for the petitioner, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State and Sri Vivek Saran, learned counsel appearing on behalf of respondents no.2 to 5. 2. The petitioner has prayed for quashing of an order dated 18.10.2024 issued by respondent no.4 whereby the application of the petitioner's Society dated 06.05.2024 for collecting shelter fees in lieu of construction of EWS and LIG Flats and the application dated 27.08.2024 for approval of amended map with purchasable FAR have been kept pending till deposit of the charges demanded from the petitioner Society vide letter dated 30.12.2023. 3. Learned Senior Counsel submits that vide demand notice dated 30.12.2023 the respondents demanded development fees and adjustment charges. It is subject matter of challenge in Writ C No. 2712 of 2024 and by an order dated 06.02.2024, the recovery in pursuance of the demand notice was stayed. The said writ petition is still pending and the interim order is still in operation. As such the respondents could not have deferred the aforesaid applications of the petitioner Society on the ground of non deposit of the amount demanded from them vide letter dated 30.12.2023. 4. Sri Vivek Saran, learned counsel for respondents no. 2 to 5 has placed on record the written instruction received from the Parishad. 5. Therein, a new stand has been taken to the effect that certain inquiry was directed by the State Government and in pursuance thereof an inquiry was held and a report was submitted by Four Member Committee on 06.11.2024. The said report is pending consideration before the Board. It is stated that further action would be taken on the applications of the petitioner after the report submitted by the Four Member Committee is considered by the Board. 6. The stand which has now been taken is not the basis for non consideration of the applications of the petitioner Society, rather, as noted above, the ground taken for deferring the consideration was non deposit of the amount demanded from the petitioner's Society vide letter dated 30.12.2023, which is subject matter of challenge in the previous writ petition bearing no. 2712 of 2024 and its operation has been stayed. 7. We are, therefore, of the opinion that the Parishad should consider the applications of the petitioner Society without being influenced by the fact that on a previous occasion demand of certain charges was made and the same has not been deposited by the petitioner Society. At the same time, we clarify that if there is any other impediment, it could be taken into consideration while deciding the applications. 8. It is directed that order on the applications of the petitioner Society shall be passed within six weeks from today. 9. The petition stands disposed of accordingly. Order Date :- 29.4.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad