Court No. - 1
Case :- WRIT - C No. - 42473 of 2019 Petitioner :- M/S Prachi Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Mani Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Vijay Mani Tiwari, learned counsel for the petitioner and learned counsel for the respondent No.4 as well as learned Standing Counsel for the State and perused the record.
By means of the present writ petition under Article 226 of the Constitution, the petitioner has prayed for refund of premium amount already deposited with the respondents.
At the very outset, learned counsel for the respondents has argued that the petitioner who has been allotted the shop in question was required to deposit the premium amount as per the terms and conditions of the Rules but he has failed to deposit the same.
In view of Rule No. 17 of the Shop Allotment Rules, 2016, the forfeiture of the amount already deposited has to take place in case of default at the end of the petitioner. He submits that the amount has already stood forfeited on 27th March, 2018 but the said order has not been challenged.
Besides above, in our considered opinion, the Rules provides for forfeiture of amount and the petitioner has not come up with any explanation as to why he has not abide by the terms and conditions of the rules.
In such view of the matter, we do not find any merit in the case, accordingly, the writ petition is dismissed.
Order Date :- 19.12.2019 Atmesh (Ajit Kumar,J.) (Ramesh Sinha,J.)