ALIA BEGUM AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF URBAN DEVELOPMENT GOVT. OF U.P. LKO. AND 3 OTHERS
WRIC/7405/2025 · 2025-08-07
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155411 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155411 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46085-DB Court No. - 2 Case :- WRIT - C No. - 7405 of 2025 Petitioner :- Alia Begum And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Mayankar Singh,Raghvendra Mani Ojha Counsel for Respondent :- C.S.C.,Shyam Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Vakalatnama filed by Shri Shyam Singh, Advocate on behalf of respondent nos.2 and 3 today is taken on record. Heard learned counsel for the petitioners, learned Standing Counsel for the State-Respondents and Shri Shyam Singh, who appears on behalf of respondent nos.2 and 3. This petition has been filed by the petitioners with the following main prayers :
"(i) A writ, order or direction in the nature of certiorari thereby quashing the recovery certificates dated 28.06.2025 issued by opposite party no.3 (contained as Annexure No. I), in the interest of justice. (ii) A writ, order or direction in the nature of mandamus thereby directing the opposite parties not to proceed in pursuance to the recovery certificate dated 28.06.2025, issued with respect to the house of petitioners, till the final outcome of the appeal pending before the court of Learned Chief Judicial Magistrate, Gonda, in the interest of justice." It has been submitted by the learned counsel for the petitioners that the house tax of the petitioners was earlier assessed at Rs.200 per year, but subsequently, the amount was revised to Rs.43,200 per year. The petitioners have filed an
appeal against such assessment order. While the appeal is pending, the respondents have issued a recovery certificate dated 28.06.2025. The apprehension of the petitioners is that if the recovery is effected by the respondents during the pendency of the appeal, and the appeal is ultimately decided in favour of the petitioners, they will suffer undue hardship. This writ petition is disposed of with liberty to the petitioners to move an application for interim relief before the Appellate Authority, annexing a copy of the recovery certificate dated 28.06.2025, within a period of one week from today. If such an application is made, the same shall be considered in accordance with law and an appropriate order shall be passed thereon within a period of three weeks thereafter. Order Date :- 7.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench