Court No. - 39
Case :- WRIT - C No. - 15595 of 2021 Petitioner :- Rita Singhal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Gupta,Shailesh Srivastava Counsel for Respondent :- C.S.C.,Ashish Agrawal,Sunil Kumar Misra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Sri Sunil Kumar Misra learned counsel has put in appearance on behalf of the respondent Nos.2 & 3.
By means of the present petition, the petitioner seeks to challenge the e-auction dated 02.04.2021 with regard to the plot in question namely plot No.C-17 area 450 sq. meter situated in Pikhani, Saharanpur by the U.P. State Industrial Development Authority.
The basis of challenge is that the plot-in-question had been allotted to the petitioner in the year 2005 and the lease deed was executed in the year 2008 for establishment of industrial unit.
Learned counsel for the respondent upon instruction submits that the allotment made in favour of the petitioner had been cancelled on 23.05.2017. The application for restoration of the allotment had also been rejected on 12.12.2017. The deposit made by the petitioner had been returned vide letter dated 08.03.2019.
The entire writ petition is completely silent about the challenge, if any, made by the petitioner to the order of cancellation of allotment and rejection of restoration application. The assertion in the writ petition that the possession of the plot-in-question was given to the petitioner on 29.07.2017, after cancellation of the allotment, therefore, is unbelievable.
In absence of any challenge to the cancellation order, the petitioner cannot be permitted to challenge the e-auction dated 02.04.2021.
The writ petition is, accordingly, dismissed. Order Date :- 29.7.2021 Himanshu