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2025 DAILYLAW 80608 (ALL)

MOHD. JAAHID KHAN v. STATE OF U.P. AND 3 OTHERS

WRIC/25665/2025 · 2025-08-18

Kshitij Shailendra, Mahesh Chandra Tripathi

body2025

Judgment text

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Court No. - 29 Case :- WRIT - C No. - 25665 of 2025 Petitioner :- Mohd. Jaahid Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Chandra Yadav Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J. 1. Heard Shri Ram Chandra Yadav, learned counsel for the petitioner; Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for State respondent nos.1 and 3 and Shri A.P. Paul, learned counsel for Azamgarh Development Authority (respondent nos.2 and 4). 2. The instant writ petition is preferred assailing the validity of the impugned notice dated 16.06.2025 issued by the Secretary, Azamgarh Development Authority, Azamgarh (respondent no.2), whereby the petitioner has been directed to deposit the remaining amount alongwith interest upto 30.06.2025, failing which the amount would be recovered from the petitioner as arrears of land revenue under Section 40 of the U.P. Urban Planning and Development Act, 1973 (in short, Act, 1973) and the subject spot would also be sealed under the Act, 1973. 3. Learned counsel for the petitioner submits that the petitioner had moved an application before the respondent no.2 on 13.12.2017 for sanction of map to open water park over plot nos.933 and 934 situated at Village Baddupur, Tehsil Sadar, District Azamgarh. The said application was allowed by the respondent no.2 vide its order dated 20.01.2018 with direction to the petitioner to pay the map sanction charges in two years (four six monthly installments). As per license agreement, the petitioner had already deposited the entire map sanction charges and the details of the deposits are also given in paragraph-11 of the writ petition. He submits that certain deposits have not been calculated by the respondent no.2 while issuing the impugned notice to the petitioner and as such, the impugned notice is unsustainable in the eyes of law. He also assures to the Court that in case, any outstanding amount qua the map sanction charges is still pending, the same shall be paid by the petitioner. He has confined his prayer only to the relief that his representation dated 21.06.2025 may be considered by the appropriate authority. 4. Learned counsel for the respondents have no objection to the said prayer. 5. No useful purpose would be served in keeping the writ petition pending. 6. Considering the factual situation and without expressing any opinion on the merits of the issue, this writ petition is disposed of finally giving liberty to the petitioner to move a fresh detailed representation before the respondent no.2 within a week's time from today. In case any such representation is moved within the said period, the same shall be considered and decided by the respondent no.2 strictly in accordance with law within next four weeks. 7. The impugned notice/order would be subject to the final outcome of the fresh decision to be taken by the respondent no.2. Order Date :- 19.8.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad