Court No. - 21
Case :- WRIT - C No. - 26897 of 2020 Petitioner :- Antriksh Developers And Promoters Private Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Singhal Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Siddharth Singhal, learned counsel for the petitioner, Sri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel and Sri Kaushalendra Nath Singh, for respondent nos.2 and 3.
Present writ petition has been preferred for following reliefs:-
"i. issue a writ, order or direction in the nature of certiorari quashing the order dated 27.08.2020 passed by respondent no. 4 (Annexure-1 to the present writ petition);
ii. issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order dated 26.05.2017 passed by respondent no.3 (Annexure-2 to the present writ petition).
iii. issue a writ, order or direction in the nature of mandamus restraining the respondents from undertaking any coercive measures in pursuance of the order dated 27.08.2020 & 26.05.2017 issued by respondent development authority;"
Learned counsel for the petitioner submits that the issue involved in present matter is squarely covered by judgment and order dated 03.09.2020 passed in Writ - C No. 13310 of 2020 ( Perfect Prop Build (P) Limited Vs. State of U.P. And 2 Others) and as such, similar indulgence may also be accorded in this writ petition. For ready reference the judgment dated 03.09.2020 is quoted as under:-
" Heard Shri Siddharth Singhal, learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel. Shri Kaushalendra Nath Singh appears for respondent nos.2 and 3.
Present writ petition has been preferred for following reliefs:-
"(a) issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order dated 21.07.2020, 29.08.2019 and 24.05.2017 passed by respondent no.3 to the extent that they impose additional compensation upon the petitioner (Annexure-1, 2 & 3 to the present writ petition);
(b) issue a writ, order or direction in the nature of mandamus restraining the respondents from undertaking any coercive measures in pursuance of the order dated 21.07.2020, 29.08.2019 and 24.05.2017 issued by respondent no.3."
Learned counsel for the petitioner submits that similar controversy has earlier been raised before this Court in Writ-C No.9618 of 2020 (Abound Infrastructure Pvt. Ltd. v. State of U.P. & Ors.), which was disposed of by this Court vide order dated 17.6.2020 and as such it is requested that similar indulgence may be accorded in this writ petition also. The said fact has not been disputed by learned counsel for the respondents. For ready reference, the order dated 17.6.2020 is quoted as under:-
"This writ petition has been filed, interalia, for the following reliefs:
"(a) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order dated 19.09.2019 passed by the respondent no. 3 to the extent it demands additional compensation from the petitioner (Annexure -1 to the present writ petition).
(b) Issue a writ, order or direction in the nature of mandamus restraining the respondents from undertaking any coercive measures in pursuance of the order dated 19.09.2019 issued by respondent no. 3."
Heard Shri Siddharth Singhal, learned counsel for the petitioner, Shri Kaushalendra Nath Singh, learned counsel appearing on behalf of the respondent-Noida Authority and perused the record.
Learned counsel for the petitioner has placed the copy of the order dated 18.09.2019 passed by this Court in Writ C No. 30238 of 2019 (Credai Western UP Versus State of U.P. and 4 Others) wherein similar issue was raised and the matter was remitted back to the authority concerned to consider the matter a fresh in the light of observation made by the learned Single Judge in Writ C No. 18684 of 2019.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to make a fresh comprehensive representation before the respondent no. 2 ventilating his grievances within three weeks from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its entire Annexures and, if any such representation is made, the said authority shall make all endeavours to consider and decide the same in accordance with law expeditiously preferably within three months from the date of receipt of the said representation after affording opportunity to the petitioner. It is open to the petitioner to adduce evidence in support of his contentions.
Till the order is passed by the authority concerned on the representation moved by the petitioner, no coercive action shall be taken against the petitioner.
It is made clear, that in case, the petitioner does not file any such representation within the aforesaid stipulated period before the concerned Authority, the benefit accrued to the petitioner under this order shall automatically cease to operate.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to make a fresh comprehensive representation before the respondent no. 2 ventilating his grievances within three weeks from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its entire Annexures and, if any such representation is made, the said authority shall make all endeavours to consider and decide the same in accordance with law expeditiously preferably within three months from the date of receipt of the said representation after affording opportunity to the petitioner. It is open to the petitioner to adduce evidence in support of his contentions.
Till the order is passed by the authority concerned on the representation moved by the petitioner, no coercive action shall be taken against the petitioner.
It is made clear, that in case, the petitioner does not file any such representation within the aforesaid stipulated period before the concerned Authority, the benefit accrued to the petitioner under this order shall automatically cease to operate.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
Digitally signed by Justice Mahesh Chandra Tripathi Date: 2021.01.13 16:53:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
So far as factual and legal aspect is concerned, the same has not been disputed by Sri Kaushalendra Nath Singh, learned counsel for respondent nos. 2 and 3.
Considering the facts and circumstances of the case, present writ petition is also disposed of in terms of the judgment in Perfect Prop Build (P) Limited (Supra).
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 Ishan Digitally signed by Justice Sanjay Kumar Pachori Date: 2021.01.13 16:54:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad