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2025 DAILYLAW 42751 (ALL)

M/S EXPRESS PROJECT PVT. LTD. v. STATE OF U.P. AND ANOTHER

CMRA/133/2025 · 2025-05-26

Ashutosh Srivastava, Siddhartha Varma

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:90713-DB Court No. - 44 Case :- CIVIL MISC REVIEW APPLICATION No. - 133 of 2025 Applicant :- M/S Express Project Pvt. Ltd. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra,Tarun Agrawal Counsel for Opposite Party :- Anjali Upadhya,C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Tarun Agrawal assisted by Sri Prakhar Srivastava learned counsel for the applicant, Ms. Anjali Upadhyay was heard for the respondent no. 2 and the learned Standing Counsel for the State. 2. Basing its judgement on the order passed in Writ - C No. 12462 of 2020 (Ms. Rajhans Infratech Pvt. Ltd. vs. State of U.P. and others), this Court vide its order dated 30.10.2023 had allowed the writ petition and had directed the writ petitioner to approach the Competent Authority for the consideration of its case with regard to the benefit of 'Zero Period' starting from 27.4.2010 and ending on 15.5.2015 with regard to plots no. 653 and 655. Also the petitioners were directed to approach the Competent Authority with regard to plot no. 654 as well for declaring the 'Zero Period' which would commence from 27.4.2010 and end on 10.2.2020. 3. Subsequent to passing of the order dated 30.10.2023 a Correction Application was filed seeking correction in the judgment and order dated 30.10.2023 which came to be allowed vide order dated 21.11.2023. The order dated 21.11.2023 was assailed in SLP before the Apex Court which was allowed, granting liberty to the applicant/review petitioner herein to file appropriate proceedings in accordance with law for the reliefs prayed for in the application for correction. 4. The petitioner has now approached this Court with a prayer that the order dated 30.10.2023 be reviewed and, in fact, the petitioner be granted 'Zero Period' as was prayed for in the writ petition. 5. We have considered the prayer as has been made by the petitioner. 6. The judgement passed in Writ - C No. 12462 of 2020 (Ms. Rajhans Infratech Pvt. Ltd. vs. State of U.P. and others) on 17.3.2021 was challenged before the Apex Court by means of the S.L.P. (Civil) No. 20096 of 2021 and the Apex Court had rejected the Special Leave Petition. Therefore, we have no other option but to follow the judgement in Writ - C No. 12462 of 2020 (Ms. Rajhans Infratech Pvt. Ltd. vs. State of U.P. and others). 7. Under such circumstances, we find that there is absolutely no reason to review the order dated 30.10.2023. The review petition is accordingly rejected. Order Date :- 27.5.2025 PK (Ashutosh Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad