SMT. BEENA SINGH v. THE STATE OF U.P. AND 2 OTHERS
WRIC/12702/2025 · 2025-04-27
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48110 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48110 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:64608-DB Court No. - 21 Case :- WRIT - C No. - 12702 of 2025 Petitioner :- Smt. Beena Singh Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Ankur Sharma,Nidhi A. Sharma Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The case of the petitioner is that she was informed by the respondent-Development Authority by letter dated 16.9.2010 that in pursuance of her application, she has been allotted a plot measuring approximately 450 sq. meters. The actual identification of the plot would be done through lottery system. On 30.11.2010 she was informed that on basis of draw of lots, she has been allotted Plot No. 17 in Sector 5 (A-1 Category plot). According to the petitioner, she had deposited the entire amount in installments. Recently, she had been served with a notice dated 4.2.2025, intimating her that the area of the plot is 634.05 sq. meters and on basis of the same a demand of Rs. 64,83,865/- has been made. The petitioner has prayed for quashing of the demand notice and for a direction to the respondent-Development Authority not to realize any amount over and above the rate applicable on 16.9.2010, i.e. the date of allotment and to refund a sum of Rs. 8,14,950/- allegedly paid by the petitioner in excess. 2. Learned counsel for the petitioner admits that after receipt of the demand notice, the petitioner has not approached the Authority in relation to her grievance. 3. We observe that the initial allotment letter mentioned that the area would be approximately 450 sq. meters, but now the impugned demand notice indicates that there has been a substantial
increase in area from 450 sq. meters approximately to 634.05 sq. meters. 3. The exact amount payable, if any, as differential amount, has to be decided in the first instance, by the respondent-Development Authority. 4. Sri D.S. Chauhan, learned counsel for the respondent- Development Authority, states that in case any objection is filed, it will be decided by the Authority before enforcing the impugned demand notice. 5. Accordingly, the petition is disposed of by providing that the petitioner shall file objection against the impugned demand notice within two weeks along with true attested copy of the instant order and in which event, the same will be decided by respondent no.
2 by a speaking order after hearing the petitioner within six weeks and until the objection is decided, the impugned demand notice will not be enforced. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 28.4.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad