Court No. - 21
Case :- WRIT - C No. - 38750 of 2018 Petitioner :- M/S Rudra Buldwell Projects Pvt. Ltd.
Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sanjay Kumar Mishra,Nikhil Agrawal Counsel for Respondent :- C.S.C.,Anjali Upadhya
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner company, carries out the business of the real estate development and development of integrated township, construction and sales of the flats and commercial accommodations. The petitioner was allotted land measuring 81800.00 sq. meters for the construction of the flats by second respondent.
The grievance of the petitioner is that the respondent no.3 has issued a demand vide order dated 25.6.2013 for additional 'Pratikar'.
Our attention has been drawn to an order passed by the coordinate Bench of this Court in Writ C No.29710 of 2018 in similar facts and circumstances of the case. The relevant part of the order reads as under:-
"Admittedly, the petitioner has remedy of approaching the State Government under section 41(3) of the U.P. Urban Planning and Development Act, 1973 read with section 12 of the U.P. Industrial Area Development Act, 1976.
We are accordingly not inclined to entertain this petition against the order passed by the Greater Noida Industrial Development Authority, which is impugned in the present petition.
However, we dispose of this petition with liberty to the petitioner to move an appropriate representation before the State Government under the aforesaid provisions alongwith an application for interim relief, as may be advised, and also accompanying a certified copy of this order. In case such representation / application are filed, the State Government (respondent no.1) will proceed to decide the interim application, if any, within a period of 10 days from the date of its filing and further proceed to decide the main representation within a period of two months from the date of production of the representation alongwith a certified copy of this order, strictly in accordance to law, after affording due opportunity, as may be admissible under law, to the concerned stake holders.
For a period of three weeks or till disposal of the interim relief application, whichever is earlier, no coercive measure be taken against the petitioner, pursuant to the impugned order."
We have heard Sri Nikhil Agrawal, learned counsel for the petitioner, learned Standing Counsel, who has accepted notice on behalf of respondent no.1 and Sri B. B. Jauhari, learned counsel, appearing for the second and third respondents.
Having due regards to the facts and circumstances of the case, we dispose of this writ petition in the same terms.
Order Date :- 28.11.2018 Pramod Tripathi