Neutral Citation No. - 2025:AHC:13453-DB Court No. - 21 Case :- WRIT - C No. - 34160 of 2024 Petitioner :- Maya Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Balbeer Singh Counsel for Respondent :- C.S.C.,Jai Bahadur Singh,Suresh C. Dwivedi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for striking down the action of the Agra Development Authority, Agra in locking the petitioner's shop (KIOSK No. 5), situated at Ber Ka Tila, on the western side of Taj Mahal, Agra, without proper inspection, enquiry or hearing and to provide opportunity to the petitioner to present her case and thereafter, take decision in consonance with the principles of natural justice. 2. The case of the petitioner is that her son, Sunil @ Pappu, was allotted KIOSK No. 5 by the respondent-Development Authority. He carried on business in the same since the date of allotment. He died on 1.10.2017. The petitioner thereafter is in possession of the same. The respondents have illegally sealed the KIOSK, without proper notice or enquiry and hence the instant writ petition. 3. A counter affidavit has been filed on behalf of Agra Development Authority, Agra by its Vice Chairman. It is stated that Sunil @ Pappu (son of the petitioner), was allotted a KIOSK on 26.7.2001 for a period of eleven months @ Rs. 450/- per month. According to the agreement, the security amount of Rs. 5,400/- was liable to enhancement by 10% after every three years. The allotment was on license basis and there was strict prohibition on subletting. The case set up in the counter affidavit is that the petitioner has defaulted in payment of monthly license fee, has carried out material alteration by merging three KIOSKs with KIOSK No. 5 and has also sublet the KOISK. Repeated notices were given to the allottees and when no proper reply was submitted, the KIOSK in question along with three other KIOSKs were sealed. 4. Learned counsel for the petitioner submits that the notices were duly replied. He however admits that license fee is due since long. He states that the petitioner is ready to deposit rupees one lakh towards license fee, subject to final reconciliation of the accounts. He further submits that the KIOSK is lying sealed since February, 2023 and that the petitioner has not carried out any material alternation, nor has sublet it. 5. We are of the opinion that the aspect relating to default and the amount which is due towards license fee and the defence of the petitioner, should in the first instance, be examined by the respondent-Development Authority. The specific case of the petitioner is that she had not carried out any material alternation in the licensed premises, nor the same is possible, as KIOSK Nos. 59, 60 and 61 are situated far away from KIOSK No. 5, which is in possession of the petitioner. The said aspect is also liable to be considered by the respondent-Development Authority, being an issue of fact. 6. Accordingly, we dispose of the instant petition as follows: - (a) The petitioner will deposit rupees one lakh towards arrears of license fee on a provisional basis, subject to final verification of the accounts within three weeks. (b) The petitioner shall file detailed representation along with documentary evidence before the Vice Chairman, Agra Development Authority, Agra, within three weeks from today, along with true attested copy of the instant order and evidence regarding deposit of rupees one lakh provisionally towards arrears of license fees. (c) The Vice Chairman, Agra Development Authority, Agra will pass a speaking order, taking into consideration the reply and evidence as may be submitted by the petitioner in compliance of the instant order, subject to the petitioner having deposited rupees one lakh on provisional basis towards arrears of license fee, as undertaken by learned counsel for the petitioner. The decision would be taken within six weeks from the date of representation. (d) The rights of the parties will abide by the decision that would be taken by the Vice Chairman, Agra Development Authority, Agra in compliance of the instant order. (e) In case the petitioner fails to deposit rupees one lakh on provisional basis towards arrears of license fee, the instant order would be of no avail and it shall be open to the respondent- Development Authority to proceed further in the matter in accordance with law. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 27.1.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad