Court No. - 34
Case :- WRIT - C No. - 30576 of 2006 Petitioner :- Smt. Kanta Garg Respondent :- State Of U.P. Thru' Its Secretary Indsutrial Dev.Councils Counsel for Petitioner :- C.L. Pandey, N.K.Misra, Rahul Sahai, Ravi Kiran Jain Counsel for Respondent :- C.S.C.,G.P. Srivastava, Vivek Verma
Hon'ble Sudhir Agarwal,J. Hon'ble Om Prakash-VII,J.
1. Heard Sri Rahul Sahai, learned counsel for petitioner and perused the record.
2. Dispute relates to demand of interest imposed upon petitioner for the period i.e. from 13.01.1988 to 31.01.2006. Petitioner claims that said demand cannot be made by respondents since question of "change of land use" has been considered by U.P. State Industrial Development Corporation Limited, Agra (hereinafter referred to as ''UPSIDC'') and it was considered by this Court vide judgment dated 08.11.2005 in Writ Petition No. 8759 of 1988 and a direction was issued to UPSIDC to take a decision on the said issue.
3. Learned counsel for petitioner, however, could not dispute that the demand of interest is in terms of agreement arrived at between the parties. There is no stipulation in agreement enabling petitioner to refrain from payment of interest, particularly when admitted due amount was paid to UPSIDC only in 2006.
4. In view thereof, demand of interest made by UPSIDC cannot be said to be per se illegal. Even otherwise, we do not find that for contractual obligations which are sought to be enforced by respondents in interference would be justified in a writ petition filed under Article 226 of Constitution of India.
5. Writ petition is accordingly dismissed.
Order Date :- 30.10.2018 Siddhant Sahu