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2025 DAILYLAW 181722 (ALL)

M/S ELEVATOR IT SOLUTIONS PVT. LTD. THRU. AUTHORIZED SIGNATORY RISHABH MATHUR v. STATE OF U.P.THRU.ITS ADDL.CHIEF SECY.INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT LKO. AND ANOTHER

WRIC/11535/2025 · 2025-12-01

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11535 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, 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 Shri Abhishek Khare, learned counsel for the petitioner, learned Chief Standing Counsel for the State-respondent as well as Shri Waseeq Uddin Ahmed, learned counsel appearing on behalf of the respondent no.2-authority and perused the material available on record. 5. The present petition has been filed by the petitioner challenging the order dated 23.10.2025 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, counsel for the petitioner stated that Versus Counsel for Petitioner(s) : Abhishek Khare Counsel for Respondent(s) : C.S.C., Waseeq Uddin Ahmed M/S Elevator It Solutions Pvt. Ltd. Thru. Authorized Signatory Rishabh Mathur .....Petitioner(s) State Of U.P.Thru.Its Addl.Chief Secy.Infrastructure And Industrial Development Lko. And Another .....Respondent(s) 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, the parties, who are present here agreed that the matter may be remanded to the revisional authority. 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 23.10.2025 and remanding the matter before the revisional authority to decide the revision afresh and in accordance with law. 9. 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. 10. 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. 11. It is directed that the respondent shall not take coercive action against the petitioner till the decision on the interim relief application filed with revision afresh, as directed herein above. December 1, 2025 Pradeep/- WRIC No. 11535 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench