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2025 DAILYLAW 43081 (ALL)

DR. SMT. KRISHNA TIWARI v. STATE OF U.P. AND 2 OTHERS

WRIC/11370/2025 · 2025-04-29

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67802-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 45) Court No. - 21 Case :- WRIT - C No. - 11370 of 2025 Petitioner :- Dr. Smt. Krishna Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has assailed an order dated 27.10.2004/2.11.2004 passed by Officer on Special Duty/Manager (Residential Plots), Noida by which the lease deed dated 14.10.1986 has been cancelled and plot no. B-11, Sector-55, Noida was resumed. The money paid by the petitioner against the said plot was also forfeited. Also under challenge is an order dated 25.9.2024 issued by Office Superintendent/Assistant General Manager, Noida demanding restoration charges in sum of Rs. 43,51,026/- before the request of the petitioner for mutation of name of his son is considered. 2. Sri Rakesh Pande, learned Senior Counsel assisted by Sri Rakesh Kumar Singh, appearing for the petitioner submits that the order dated 27.10.2004/2.11.2004 was never served on the petitioner. The said order was also never given effect to as the petitioner continued in possession. 3. Learned counsel for the respondent-Development Authority has placed on record the instructions dated 17.4.2025 received from the Authority. Therein it is not indicated how the order dated 27.10.2004/2.11.2004 was sent to the petitioner. In paragraph 5, it is stated that in response to a previous communication the petitioner submitted a reply on 19.11.2004 stating that the petitioner is not carrying on any commercial activity. 4. We have perused the reply and we find that it is not in response to the cancellation order but some other notices raising the issue relating to the use of the premises for commercial purposes. Having regard to the aforesaid facts, we permit the petitioner to file exhaustive representation before respondent no. 2-Chief Executive Officer, Noida within two weeks along with true attested copy of the instant order and in which event, the same shall be decided by respondent no. 2 by a speaking order within next six weeks. 5. It is further provided that till the representation is decided, no coercive action shall be taken against the petitioner in pursuance of the impugned cancellation order. 6. The petition stands disposed of. Order Date :- 30.4.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad