MUDIT KUMAR TEWARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/10477/2025 · 2025-04-08
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36984 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36984 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51303-DB Court No. - 21 Case :- WRIT - C No. - 10477 of 2025 Petitioner :- Mudit Kumar Tewari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Sharma Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioners have challenged the demand notice dated 29.01.2025 issued by the respondent-Development Authority in respect of the amount allegedly due towards the installments and interest for Plot No.009B, Block-HIG, Sector-28. The demand is for a sum of Rs.3,52,51,285.00/-.
2. The case of petitioners is that they have obtained the aforesaid plot under a Hire Purchase Agreement executed between the parties on 30.06.2003. According to the petitioners, they have deposited various amounts as contemplated under the Hire Purchase Agreement. The petitioners requested the respondents to execute the lease-deed in favour of the petitioners, but the respondents issued the impugned demand notice, which is wholly illegal.
3. Sri Kaushalendra Nath Singh, learned counsel for the respondent-Development Authority submits that the amount mentioned in the impugned notice appears to be incorrect as according to his instructions, the amount due is less than one crore. He submits that the Development Authority will provide a fresh calculation to the petitioners giving therein the breakup of the amount which is due and the amount received from the petitioners
till date.
4. Having regard to the said statement, we quash the notice dated 29.01.2025 and leave it open to the respondent-Development Authority to issue a fresh demand notice to the petitioners, if any, and in which event, the specific details of the amounts received from the petitioners so far and computation of the amount demanded shall be clearly disclosed.
5. The petition stands disposed of accordingly. Order Date :- 9.4.2025 CS/- (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad