Court No. - 39
Case :- WRIT - C No. - 23484 of 2020 Petitioner :- M/S Vocational Education Foundation Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinayak Nath Singh,Ram M. Kaushik Counsel for Respondent :- C.S.C.,Anjali Upadhya,Ramendra Pratap Singh
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, Sri Ramendra Pratah Singh, learned counsel appearing for respondent nos.2, 3 and 4 and learned Standing Counsel appearing for State-respondent no.1.
Instant writ petition has been filed seeking following reliefs :
“(i) Issue a certiorari quashing the illegal demand order dated 02.08.2019 by means of which the Greater Noida Authority has demanded additional compensation (Annexure-1).
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation dated 14.08.2020."
At the very outset, learned counsel for the petitioner submits that due to typographical error in second prayer clause, date of representation has wrongly been typed as "14.08.2020" in place of "13.12.2019". It is further contended by the learned counsel for the petitioner that an illegal demand of additional compensation has been made by order dated 02.08.2019 whereagainst he has moved a representation dated 13.12.2019 before the respondent no.4 which is still pending for consideration. The said representation has been annexed as Annexure-7 to the writ petition.
Learned counsel appearing on behalf of respondent-authority very fairly submits that some reasonable time may be allowed to the respondent-authority, who shall take an appropriate decision after considering the grievances of the petitioner.
Considering the facts and circumstances, but without entering into merits of the case, we hereby dispose of this writ petition with a direction to respondent no.4 to consider and take appropriate decision on the representation moved by the petitioner, after giving due opportunity of hearing to both the parties, expeditiously, preferably within a period of two months from today.
In the meantime, no coercive measure shall be taken against the petitioner in pursuance of impugned demand order dated 02.08.2019, vide Annexure-1 to the writ petition.
Order Date :- 7.1.2021 Manish Himwan