RAJ KUMAR GOEL EDUCATIONAL FOUNDATIONS v. STATE OF U.P. AND 2 OTHERS
WRIC/4589/2025 · 2025-04-23
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19701 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19701 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62508-DB Court No. - 21 Case :- WRIT - C No. - 4589 of 2025 Petitioner :- Raj Kumar Goel Educational Foundations Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhinav Gaur,Sr. Advocate,Vibhu Rai Counsel for Respondent :- C.S.C.,Manu Ghildyal,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Rejoinder affidavit filed today is taken on record.
2. The petitioner has assailed the demand of elevated and metro charges, inspection charges and plan fees by the respondent- Development Authority by letter dated 2.3.2020. The petitioner also claims exemption to the extent of 35% of the development charges in pursuance of G.O.s dated 21.5.1998 and 18.7.2016 on the ground that the petitioner is a charitable organization and duly holds a certificate to the said effect under Sections 12AA and 80G of the Income Tax Act, 1961. It is submitted that the representation made by the petitioner on basis of the said G.O.s after issuance of the impugned demand notice is still pending and the same may be
directed to be decided.
3. Sri Manu Ghildyal, learned counsel for the respondent- Development Authority does not oppose the prayer.
4. Accordingly, without expressing any opinion on merits, the petition is disposed of with direction to respondent no. 2 to decide the representation of the petitioner dated 2.12.2024 (annexure-18) within six weeks from the date of communication of the instant
order along with photocopy of the representation, after hearing the petitioner. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 24.4.2025/Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad