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2025 DAILYLAW 181733 (ALL)

RAGHAV RAM GUPTA v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELPMENT AND 7 OTHERS

WRIC/10536/2025 · 2025-11-06

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10536 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Vakalatnamas filed today by Shri Adnan Hashmat, learned counsel on behalf of respondent Nos.2 to 4 and Shri Virendra Singh, learned counsel on behalf of respondent No.5 are taken on record. 2. Heard learned counsel for the petitioner, Shri Adnan Hashmat, learned counsel, who appears on behalf of respondent Nos.2 to 4, Shri Virendra Singh, learned counsel, who appears on behalf of respondent No.5 and learned Standing Counsel, who appears on behalf of State-respondent Nos.1, 6 and 7. 3. This petition has been filed with the following prayers :- "(i) Issue a writ order or direction in the nature of certiorari for quashing of the missive/recovery citation Prapatra-40 dated 22.07.2025 by which the opposite party no.5 has called upon the respondent bank to put on hold the account of the petitioner bearing no.12671600003187 as an amount of Rs.20,68,679 + interest is recoverable from him as arrears of House Tax/Water tax, contained as Annexure No.1 to this writ petition, in the interest of justice. (ii) Issue a writ order or direction in the nature of certiorari for quashing of the demand notice dated 11.06.2025 issued by the Tehsildar Sadar Lucknow calling upon the petitioner to deposit a total amount of Rs.20,68,679 + processing fees as arrears of water tax so computed on the basis of revision of the house tax (annual rental value), contained as Annexure No.2 to this writ petition, in the interest of justice. (iii) Issue a writ order or direction in the nature of mandamus the opposite party no.2 to 4 to carry out the necessary corrective exercise thereby carrying out correction in the bill so issued in respect of financial year 2023-24 in which an amount of Rs.21,57,373/- has been shown as the total tax so payable and the same has been drawn out by revising the Versus Counsel for Petitioner(s) : Vinay Misra, Danish Rasheed Counsel for Respondent(s) : C.S.C., Namit Sharma Raghav Ram Gupta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Develpment And 7 Others .....Respondent(s) annual tax of the petitioner with retrospective effect containing an arrears of Rs.14,41,770.20/- and interest to the tune of Rs.6,67,068.68/-, in the interest of justice. (iv) Issue a writ order or direction in the nature of mandamus commanding the opposite parties not to carry out retrospective revision of the house tax/water tax of the petitioners house no.498/207-2 University Road Calvin College Nishatganj, Zone-4 Lucknow, bearing L.N.N.ID no.9157C12248 considering the fact that the Nagar Nigam Authorities have already issued a no dues certificate on 02.02.2022 and therefore any revision from an anterior date is not permissible, in the interest of justice. (v) Issue a writ order or direction in the nature of mandamus commanding the opposite parties not to adopt any coercive measures against the petitioner in pursuance of the impugned missive/citation and demand notice dated 11.06.2025, in the interest of justice. (vi) Issue a writ order or direction in the nature of mandamus commanding the opposite party no.8 to allow the petitioner to operate his account bearing no.12671600003187 by ignoring the impugned missive/recovery citation Prapatra-40 dated 22.07.2025 issued by the opposite party no.5, in the interest of justice." 4. It is stated that the house tax and water tax have been assessed retrospectively and recovery of Rs.21,57,373/- has been ordered. 5. It has been informed to this Court that on 29.10.2025, a revised recovery letter has been issued by the Zonal Officer, Zone-4, Nagar Nigam, Lucknow, for Rs.2,96,408/-. The letter/order dated 29.10.2025 is taken on record. 6. The instructions dated 01.11.2025 also state that, instead of the earlier demand notice, there has been a revision and consequently, the recovery amount has also been amended from Rs.20,68,679/- to Rs.13,69,109/- as water tax/sewer charges. 7. The instructions are also kept on record. 8. The writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh petition. November 6, 2025 Shubhankar WRIC No. 10536 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench