ENCHANT INFRASTRUCTURE PVT. LTD. NEW DELHI THRU. ITS AUTHORIZED SIGNATORY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT,LKO. AND ANOTHER
WRIC/9236/2023 · 2025-03-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166391 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166391 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14520 Court No. - 7 Case :- WRIT - C No. - 9236 of 2023 Petitioner :- Enchant Infrastructure Pvt. Ltd. New Delhi Thru. Its Authorized Signatory Respondent :- State Of U.P. Thru. Addl. Chief Secy. Infrastructure And Industrial Development,Lko. And Another Counsel for Petitioner :- Sudeep Kumar,Abhishek Khare,Chinmay Mishra,Gaurav Mehrotra Counsel for Respondent :- C.S.C.,Rishi Raj,Sachin Upadhyay,Waseeq Uddin Ahmed Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties.
2. The parties agree that the matter is covered by the judgment of this Court dated 16.12.2024 passed in Writ Petition being Matters Under Article 227 No.5869 of 2024 (U.G. Infrastructure Private Ltd. Delhi Thru. Director Sri Arvind Singh Rathore v. State of U.P. & Ors.).
3. In view thereof, present petition stands disposed off on the same reasoning as contained in the order dated 16.12.2024, in the following terms:
4. Heard learned counsel for the petitioner, learned Chief Standing Counsel for the State-respondent, learned counsel appearing on behalf of the respondent no.2 and perused the material available on record.
5. The present petition has been filed by the petitioner challenging the order dated 07.08.2023 passed by the revisional authority in exercise of powers under Section 41(3) of the U.P. Urban Planning & Development Act, 1973 read with Section 12 of the U.P. Industrial Development Act., 1976.
6. While challenging the said order, the counsel for the petitioner stated that almost in similar circumstances, different orders were passed in respect of two different persons, who are similarly situated as per him.
7. While addressing the issue on merits, all the parties, who are present here agreed that the matter may be remanded to the revisional authority, which is manned by a person different from the authority which has passed the order impugned.
8. In view of the agreement of the parties, the matter is remanded back for consideration afresh. The present petition is
disposed of quashing the order dated 07.08.2023 and remanding the matter before the revisional authority to decide the revision afresh and in accordance with law. The petitioner would be at liberty to place any orders of which, the petitioner seeks precedential value, the revisional authority shall consider the
arguments of the petitioner as well as the precedents cited by the petitioner, if any, and shall pass a fresh order after hearing the parties within a period of six weeks. The revisional authority would not be bound by any observations made in the present order and would be entitled to consider all the pleas that may be raised by both the parties. As the petitioner was enjoying an order dated 31.10.2023 of stay till the decision of the revision, it is directed that the parties shall maintain status quo with regard to the possession and title till the decision of the revision afresh as directed herein above.
Order Date :- 10.3.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench