M/S GREATVALUE PROJECTS INDIA LIMITED THRU. AUTHORIZED SIGNATORY SHRI RAJEEV CHATURVEDI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT LKO. AND 2 ORS.
WRIC/3391/2025 · 2025-04-23
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132454 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132454 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23004 Court No. - 6 Case :- WRIT - C No. - 3391 of 2025 Petitioner :- M/S Greatvalue Projects India Limited Thru. Authorized Signatory Shri Rajeev Chaturvedi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Infrastructure And Industrial Development Lko. And 2 Ors. Counsel for Petitioner :- Kartikey Dubey Counsel for Respondent :- C.S.C.,Waseeq Uddin Ahmed Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Waseeq Uddin Ahmed, learned counsel for respondent nos.2 & 3.
2. Present petition has been filed by the petitioner assailing the
order dated 09.01.2024 whereby the revisional authority exercising suo motu powers of review has recalled an earlier
order passed by the revisional authority on 24.07.2023.
3. The neat contention of learned counsel for the petitioner is that the suo motu power of review is not vested in the revisional authority created by virtue of Section 41 of U.P. Urban Planning and Development Authority Act, 1973 read with Section 12 of U.P. Industrial Area Development Act, 1976.
4. The said position has been further clarified by the State itself on 27.03.2025 wherein it has been decided by the State Government that no power of review is available in respect of orders passed under Section 41.
5. In view of the stand taken by the State coupled with the statutory position, it is clear that no power of review much less a power of suo motu review is vested in the revisional authority under Section 41 of the Act. As such, the impugned order dated 09.01.2024 cannot be sustained and is quashed.
6. In view of the quashing of the order dated 09.01.2024, the authorities are directed to recalculate the dues payable by the petitioner towards the lease rent by passing an appropriate
order.
7. Present petition stands allowed in above terms.
Order Date :- 23.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench