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2025 DAILYLAW 118792 (ALL)

LAKHAN LAL v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT DEPTT. U.P. LKO. AND 4 OTHERS

WRIC/637/2025 · 2025-01-28

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5835-DB Court No. - 1 Case :- WRIT - C No. - 637 of 2025 Petitioner :- Lakhan Lal Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Deptt. U.P. Lko. And 4 Others Counsel for Petitioner :- Anoop Kumar,Sandeep Kumar Srivastava Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioner and the learned counsel for the State. 2. Sri Amit Kumar has put in appearance on behalf of opposite parties no. 2 to 5. 3. The factual dispute as to the calculation of house tax has been raised in the present writ petition against the demand notice contained in Annexure 1 to the writ petition to the tune of Rs. 23,15,117/-. The learned counsel for the petitioner submitted that the annual house tax which was assessed against the building in question has been deposited on year to year basis which has not been accounted for while issuing demand notice. 4. Essentially it is a factual dispute which cannot be looked into in exercise of writ jurisdiction. 5. We leave it open to the petitioner to raise his grievance by raising all the pleas open to him on the basis of documents available whatsoever and in case any such objection is filed within a period of ten days from today, the same shall be decided expeditiously, preferably within a period of one month from the date of filing of objections along with the relevant material. 6. For a period of one month or disposal of the objections by the competent authority, whichever is earlier, the impugned demand notice shall not be acted upon and the recovery proceedings, if any, shall depend upon the outcome of the objections filed by the petitioner. 7. The writ petition stands disposed of. Order Date :- 28.1.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench