M/S SUGAT SOCIAL WELFARE SOCIETY AND ANOTHER v. GOVERNMENT OF INDIA AND 5 OTHERS
WRIC/11398/2025 · 2025-04-16
Anish Kumar Gupta, Manoj Kumar Gupta
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 41607 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41607 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:56302-DB Court No. - 21 Case :- WRIT - C No. - 11398 of 2025 Petitioner :- M/S Sugat Social Welfare Society And Another Respondent :- Government Of India And 5 Others Counsel for Petitioner :- Archana Singh,Shreeprakash Singh Counsel for Respondent :- A.S.G.I.,Anuj Pratap Singh,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Heard Shri Shreeprakash Singh, learned counsel for the petitioners, Shri Jai Krishna Narain Shrama, learned counsel for respondents No. 1 & 2, learned Standing Counsel appearing for the State-respondents and Shri Pankaj Rai, learned counsel for respondent No. 4 & 5. 2. The petitioners have assailed a cancellation notice dated 23.11.2024 by respondent No. 5 by which the allotment of industrial plot No. A-24, industrial area Pilakhani, Saharanpur has been cancelled on the ground of breach of the conditions of the allotment order. 3. The impugned order stipulates that it shall be open to the petitioners to apply for restoration within thirty days failing which as per prevalent policy it would not be possible to consider the prayer for restoration. 4. The case of the petitioners is that the petitioners sent an application on 22.12.2024 by registered post for restoration of the plot and the said application has not been considered so far. On the other hand, the respondent-Authority has proceeded to auction the same. The petitioners have therefore prayed for quashing of the
cancellation notice dated 23.11.2024; for direction to consider their representation dated 22.12.2024 and not to create third party right over the same in the meantime. 5. Shri Pankaj Rai, learned counsel appearing on behalf of UPSIDA submits that the application was not considered as it was not submitted by on-line mode. 6. As we find that the application has been sent by registered post and it is not disputed that the same was received by the respondent, Development Authority, therefore, we overrule the technical objection of not submitting the application by on-line mode and direct the respondent-Authority to consider the said application within four weeks from today, if not already considered. As it is admitted that the bid in pursuance of the advertisement in respect of the plot in question has not been accepted and the Authority has to re-advertise therefore, we further provide that until the application of the petitioner for restoration is decided, the plot in question shall not be re-auctioned. 7.
The petition stands disposed of accordingly. Order Date :- 17.4.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad