Court No. - 29
Case :- WRIT - C No. - 22861 of 2019 Petitioner :- Dayanand Gupta Respondent :- State Of U.P.. And 9 Others Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari Counsel for Respondent :- C.S.C.,Nagendra Nath Mishra
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner was allotted shops nos. 84 and 86 by the Nagar Panchayat Bansgaon, District Gorakhpur. The allotment of the said shops was cancelled on 05.04.2007. The petitioner filed Writ C- No. 56173 of 2009 challenging the aforesaid order cancelling the allotment.
The writ petition was disposed off on 18.05.2017 holding that agreement entered into between the parties under clause 14 contains an arbitration clause.
In view of the said arbitration clause, in the event of any dispute, the petitioner has a remedy of seeking an arbitration under Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act') and also interim injunction, if necessary, in this proceeding.
In pursuance of the aforesaid order of the Court, the petitioner raised a dispute before the Collector, which was registered as Case No. 1538 of 2017. The Collector has decided the said matter vide impugned order dated 24.06.2019.
The Collector has repelled the argument of the petitioner that he was not given any notice before passing the order of cancellation of the allotment on the ground that notice was sent to the petitioner by registered post and that, it was deemed to have been served to the petitioner, and he has not produced any material to show that he had not received the registered notice.
In view of the aforesaid facts and circumstances, coupled with the fact that petitioner was supposed to raise a dispute before the Arbitrator, the aforesaid order of the Collector is in the nature of the order passed in arbitration proceedings which can be assailed in accordance with Section 34 of the Act.
Accordingly, we find no merit in the writ petition and the same is dismissed.
Order Date :- 25.7.2019 Sattyarth