AMOD KUMAR AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners have challenged the letter/circular of the Dis trict Magistrate Varanasi dated 12. 3. 2008 issuing a direction to the Sub-Regis trar, Varanasi not to register the sale-deed in respect of any property unless no objection certificate is obtained from the Varanasi Development Authority. It ap pears from the letter/circular of the District Magistrate that the purpose of the circular is to restrict sale of unauthorised constructions.

(2.) COUNSEL for the petitioners submits that the letter dated 12. 3. 2008 is wholly arbitrary and against the right of the petitioners to dispose of property. The insis tence of obtaining a no objection from the Development Authority gives into the hands of the officers of the Development Authority an uncontrolled power to cre ate hurdles in the sale of the property. COUNSEL for the Development Authority submitted that the constructions in question are illegal and a no objection certifi cate for the purpose of preventing sale of such unauthorized constructions is being required by the letter.

(3.) IN the result the writ petition is allowed. The letter of the District Magis trate, Varanasi dated 12. 3. 2008 is quashed. .