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2025 DAILYLAW 146698 (ALL)

M/S AIMS SANYA DEVELOPERS PVT. LTD. THRU. AUTHORIZED SIGNATORY SRI BRAJESH CHANDRA TRIPATHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT AND ANR.

WRIC/5950/2025 · 2025-06-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35867 Court No. - 2 Case :- WRIT - C No. - 5950 of 2025 Petitioner :- M/S Aims Sanya Developers Pvt. Ltd. Thru. Authorized Signatory Sri Brajesh Chandra Tripathi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Infrastructure And Industrial Development And Anr. Counsel for Petitioner :- Abhishek Khare,Ratnesh Chandra Counsel for Respondent :- C.S.C.,Waseeq Uddin Ahmed Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ratnesh Chandra, learned counsel for the petitioner, Shri Raj Baksh, learned Additional Chief Standing Counsel for the State and Shri Waseeq Uddin Ahmed, learned counsel for the respondent No.2-Noida Industrial Development Authority. 2. By means of instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of an order dated 29.05.2025 passed by the State Government in a Revision filed by the petitioner against an order dated 28.08.2020, cancelling allotment of plot No. 171/1, Greater Noida measuring areas 15205.75 sq. mts. made in favour of the petitioner. 3. Briefly stated, facts of the case are that 15205.75 sq. mts. forming a part of plot No.171/1, Noida was allotted to the petitioner and a lease deed was executed in its favour on 25.05.2012. The petitioner committed a default in making payment of the amount due in installments and his lease deed was cancelled by means of an order dated 28.08.2020 passed by the Chief Executive Officer, Noida Authority. 4. The petitioner filed a Revision before the State Government challenging the cancellation order dated 28.08.2020. The Revision was dismissed by means of an order dated 29.05.2025, a perusal whereof indicates that the Noida Authority had submitted some report to the Revisional Authority but a copy of the report was not provided to the petitioner prior to the decision of the Revision. A copy of the report of Noida Authority was not provided to the petitioner. 5. A perusal of the order passed by the Revisional Authority makes it manifest that the Revisional Authority has extensively reproduced the narration made in the cancellation order dated 28.07.2020 passed by the Noida Authority and has upheld the same without any discussion or finding of its own. 6. A bare perusal of the revisional order indicates the same has been passed in violation of principles of natural justice in as much as a copy of the report submitted by the Noida Authority to the Revisional Authority, was not provided to the petitioner. Moreover, since the revisional order extensively reproduces the cancellation order, which was under challenge before the Revisional Authority and it upholds the same without giving any reasoning of its own, it appears that the Revisional Authority has decided the Revision without application of mind to the pleas taken by the petitioner and without dealing with the same by a reasoned order. 7. Learned counsel for the respondents could not dispute this position and they merely submitted that the Revisional Authority should be granted a fresh opportunity to decide the Revision in accordance with law. 8. Accordingly, the instant writ petition is allowed. The impugned order dated 29.05.2025 passed by the State Government in Revision filed by the petitioner agianst the cancellation order dated 28.07.2020 passed by the Noida Authority is hereby quashed. 9. The matter is remanded to the State Government for deciding the Revision afresh, after providing a copy of the report submitted by the Noida Authority to the petitioner and after giving an opportunity of hearing to the petitioner and dealing with the submissions made by the petitioner in accordance with law, by a reasoned and speaking order, expeditiously. Order Date :- 19.6.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench