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2025 DAILYLAW 169638 (ALL)

M/S ROYAL HINDUSTAN LTD. THRU. DIRECTOR RAJAN GOEL v. U.P. STATE INDUSTRIAL DEVELOPMENT AUTHORITY ITS PRIN. SECY. LKO AND 2 OTHERS

WRIC/10867/2024 · 2025-01-21

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3865 Court No. - 7 Case :- WRIT - C No. - 10867 of 2024 Petitioner :- M/S Royal Hindustan Ltd. Thru. Director Rajan Goel Respondent :- U.P. State Industrial Development Authority Its Prin. Secy. Lko And 2 Others Counsel for Petitioner :- Sanjay Shanker Pandey,Pawan Kumar Srivastav,Rina Pandey Counsel for Respondent :- C.S.C.,Sanjeev Singh,Shiv Prasad Kushwaha Hon'ble Pankaj Bhatia,J. 1. Heard Sri Sanjay Shanker Pandey the counsel for the petitioner and Sri Shiv Prasad Kushwaha who appears for the UPSIDC. 2. The present petition has been filed by the petitioner challenging the order dated 03.02.2006 whereby the allotment made to the petitioner was cancelled as well as the order dated 28.10.2024 whereby the revision preferred was also dismissed. 3. The facts, in brief, are that the petitioner was allotted a plot with stipulations with regard to payment and constructions within a reasonable time as per the lease agreement. As the petitioner did not raise the constructions, as were required, the steps were taken by the respondents for cancellation of the plot. 4. It is stated that subsequently, as the petitioner did not come forward, the order of cancellation came to be passed on 03.02.2006. The petitioner thereafter filed a suit under mistaken legal advise which came to be dismissed in default in the year 2024 for which a restoration was filed sometime in the year 2024, which is said to be pending. In the meanwhile, on 11.01.2023, the petitioner preferred a revision before the revisional authority against the order of cancellation, which came to be dismissed on 28.10.2024. 5. The counsel for the respondents states that the petitioner was given an opportunity to come forward and file an affidavit and the issue can be re-considered by the respondents, however, he did not avail of the said opportunity. 6. It is argued that if the petitioner applies for reconsideration within a period of two weeks from today, the respondents will consider the same in accordance with the policy and shall pass a reasoned order thereupon within a period of three months thereafter. 7. In view of the said statement, the present petition is disposed off permitting the petitioner to file an application for recall of the order dated 03.02.2006 within a period of two weeks from today. In case, such an application is filed, the respondents shall consider the same in accordance with law and shall pass a reasoned order thereupon within a period of three months from the date of filing of the application. The petitioner shall also not press his restoration application by filing an appropriate application. 8. Till the decision on the application, no steps shall be taken for re-allotment of the property in question. In case, the application is not filed within a period of two weeks from today, this order shall come an end and the respondents would be at liberty to take steps for re-allotment. 9. It is further clarified that the order impugned shall not be taken into consideration while passing the order afresh. Order Date :- 21.1.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench