Court No. - 21
Case :- WRIT - C No. - 38745 of 2018 Petitioner :- M/S Aims Max Gardenia Devlopers Pvt. Ltd.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Himanshu Tyagi,Anupam Dubey Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner, a company which corroborated under the Companies Act, has instituted this writ petition for issuance of a direction upon the respondent for the waiver of the interest during the period when they were restraining from proceedings in construction of the multi story flats. It is stated that some of the tenure holders has approached this court by means of WRIT - C No.61567 of 2015 wherein an interim order was passed in the following terms :-
"List on the date fixed by the office.
Considering the facts and circumstances, until further orders of this Court, strict status-quo with regard to nature and possession over the plots in dispute as it exists today, shall be maintained by both the parties"
It is stated that due to the said interim order the petitioner could not complete the construction and later they have purchased the disputed property from the petitioners in the said writ petition and the dispute as set at rest. Accordingly the WRIT - C No.61567 of 2015 has been withdrawn on 20.7.2017. A copy of the order is on the record.
The petitioners after dismissal of the said writ petition has moved a representation to the Development Authority not to charge interest during the period from 3.3.2016 to 20.7.2017 when the interim order was operative. The petitioners have moved a representation for redressal of their grievance.
We have heard Sri Anurag Khanna, learned Senior Counsel, assisted by Sri Himanshu Tyagi, Sri Kaushalendra Nath Singh, who has put in appearance on behalf of respondent no.2 and the learned Standing Counsel for the State.
Having due regard to the facts of the case, we are of the view that the end of justice would be subserved by issuing a direction upon respondents to consider the case of the petitioner in accordance with law expeditiously, preferably within two months from the date of communication of this order.
We make it clear that we have not expressed our opinion on the merits of the case and the authority concerned shall pass the order independently in accordance with law.
With the aforesaid directions, this writ petition stands disposed of.
Order Date :- 28.11.2018 Pramod Tripathi