Court No. - 4
Case :- WRIT - C No. - 39190 of 2006
Petitioner :- M/S Sahara India Financial Corp. Ltd.
Respondent :- State Of U.P. And Others Counsel for Petitioner :- Shakti Swarup Nigam Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
Learned counsel for the parties are agreed that the controversy involved for adjudication stands settled by the Division Bench decision of this Court rendered in the case of Life Insurance Corporation of India and another Versus Executive Officer, Nagar Palika Parishad, Allahabad and others reported in [(2005) 1 UPLBEC 920] as Life Insurance Corporation of India, the petitioner in the aforesaid writ petition, like M/s Sahara India Financial Corp. Ltd., petitioner in the present writ petition, is a non-residuary banking company, and hence, this writ petition may also be disposed of on the same terms and conditions subject to which the aforesaid writ petition has been decided by this Court.
Since the facts of both the cases are identical, we dispose of this writ petition on the same terms and conditions.
Accordingly, the impugned order dated 28.5.2006 passed by the respondent no. 2 (annexure 14 A to the writ petition) as well as the notices dated 10.12.2003 and 18.12.2003 issued against the petitioner for recovery of license fee are quashed. However, this order shall not preclude Nagar Nigam from issuing fresh notices in case non-residuary banking companies are brought within the purview of the G. O. dated 16.12.1997 by framing bye- laws.
Order Date :- 26.2.2018 HR