VIVEK CHAUDHARY Vs. ALLAHABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) RAISING a small controversy the present writ petition has been filed. The facts are not much disputed. The dispute relates to the demand notice dated 6th January, 2003 issued by the Allahabad Development Authority (hereinafter referred to as A.D.A.) demanding a sum of Rs. 63,352 as the amount due upto the period 31 -12 -2000. In the said notice it was also mentioned that after clearing the aforesaid amount in respect of the house, H.I.G. -25, the sale -deed in respect of the said plot may be executed on concessional rate upto 31st March, 2003 otherwise stamp duty on registration shall be payable on circle rate.

(2.) THE petitioner claims himself to be Power of Attorney holder of one Sri Awadh Kishore Mishra, who was allotted Flat No. 25, Type -II, A.D.A. Colony, Circular Road, Allahabad. Sri Awadh Kishore Mishra had deposited a sum of Rs. 35,000 at the time of registration. The A.D.A. worked out the balance cost price of the flat in question at Rs. 3,10,000. The aforesaid amount was deposited by means of two Bank drafts and the A.D.A. has not disputed the deposit of Rs. 3,10,000, as stated by the petitioner in the writ petition. The further allegation is that after ten years all of sudden the Zonal Officer of Allahabad Development Authority, issued a letter calling upon the petitioner to deposit a sum of Rs. 66,352 which has been followed by the impugned demand notice. According to the petitioner the impugned demand made by the respondents is illegal, arbitrary and unreasonable. For ten years no demand of any kind was ever raised by the respondents.

(3.) WE heave hard Sri Ashok Khare, Senior Advocate, assisted by Sri Vikram Nath, learned Counsel appearing on behalf of the petitioner and Sri B.B. Paul, learned Counsel for the respondents.