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2025 DAILYLAW 153367 (ALL)

M/S CONTINENTAL DEVELOPERS THRU. PARTNER ARUN KUMAR CHAND v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF TOURISM U.P. LKO. AND 2 OTHERS

WRIC/7046/2025 · 2025-07-25

Manish Kumar, Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42991-DB Court No. - 11 Case :- WRIT - C No. - 7046 of 2025 Petitioner :- M/S Continental Developers Thru. Partner Arun Kumar Chand Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Tourism U.P. Lko. And 2 Others Counsel for Petitioner :- Dwijendra Mishra,Sanjay Kumar Rao Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Manish Kumar,J. Heard. Learned counsel for the petitioner prays for impleading the State Level Committee as respondent in the present petition in the array of respondents during the course of the day. Learned Additional Chief Standing Counsel has no objection in impleading the State Level Committee as respondent in the array of respondents. Learned counsel for the petitioner is permitted to implead the State Level Committee as respondent in the array of respondents during the course of the day. Present petition has been filed with following main reliefs:- "a) To issue writ, order or direction in the nature of Mandamus commanding the opposite parties to make payment of capital investment subsidy amount to the tune of rupees 5,43,86,205.68/- (Rupees Five Crore Forty-Three Lakhs eighty- six thousand two hundred five and sixty-eight paisa only) as evaluated by the agency of the Tourism Department of State of U.P., in the interest of justice. b) To issue a writ order or direction in the nature of Mandamus commanding the opposite parties to decide the pending representation of the petitioner and consider the claim of the petitioner in accordance with the U.P. Tourism Policy, 2018 in the interest of justice. The petitioner claims that the State of Uttar Pradesh has promulgated a policy namely "Uttar Pradesh Tourism Policy, 2016" (hereinafter referred to as "the Policy, 2016") to promote tourism in the State and for the purpose provided certain benefits to the entrepreneurs under the Policy, 2016. The petitioner who fulfilled all the conditions prescribed therein, was registered by means of order dated 6th March, 2017 and claimed that registration certificate was issued in his favour on 6th March, 2017. Under the Policy, 2016, the petitioner was entitled to interest subsidy, capital subsidy, stamp duty concessions, conversion and development charges, luxury tax etc. were waived of. Grievance of the petitioner is that despite fulfilling the conditions as prescribed by the respondents in their Policy, 2016, the petitioner has not been granted any of benefits as promised and mentioned herein above. The learned counsel for the petitioner submits that instead of giving his benefits of the Policy, 2016, the respondents promulgated a new policy known as New Tourism Policy, 2018 (hereinafter referred to as "the Policy, 2018"). He further submitted that the petitioner made various representations before the authorities concerned, but no action has been taken till date. After arguing the matter up to some length, learned counsel for the petitioner confines his prayer to the extent of consideration of his representations by the appropriate authorities, regarding his claim for extending benefits to him as enshrined in the Policy, 2016, till the time it was in force. The learned Additional Chief Standing Counsel on the basis of instructions, submits that a State Level Committee has already been constituted under the Policy, 2018, headed by Infrastructure and Industrial Development Commissioner as its Chairman and the claim of the petitioner will be looked into by the said Committee. In view of the aforesaid, the present petition is disposed of with a liberty to the petitioner to move afresh representation to the respondent no-4 i.e. Chairman, State Level Committee within a period of one week from today annexing therewith certified copy of this order. If any such application is preferred in the manner prescribed, the same shall be considered and decided by the respondent no. 4, in accordance with law, within a period of six weeks, thereafter. [Manish Kumar, J.] [Rajesh Singh Chauhan,J.] Order Date :- 25.7.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench