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2025 DAILYLAW 61079 (ALL)

M/S ASHOKA COLD STORAGE AND ICE FACTORY v. State of UP AND 3 OTHERS

WRIC/15263/2024 · 2025-05-16

Shekhar B Saraf, Y K Srivastava

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:82331-DB Court No. - 40 Case :- WRIT - C No. - 15263 of 2024 Petitioner :- M/S Ashoka Cold Storage And Ice Factory Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Adya Prasad Tewari,Madhusudan Dikshit,Vinod Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Mr. Madhusudan Dikshit, learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following reliefs:- "(i) issue a writ, order or direction in the nature of Mandamus commanding the Respondent No.4 to entry the name of petitioner in revenue record in place of Govt. of U.P. regarding to land Khasra No.1581, which is situated in Village- Darakot Tala Andrun, Z.A. Saharanpur, District Saharanpur, in compliance of order dated 29.05.2013 passed by this Hon'ble Court in Writ Petition No.28823 of 2010 (M/s Ashoka Cold Storage & Ice Factory Vs. State of U.P. & Ors.) as well as judgment and order passed by the Hon'ble Apex Court in S.L.P. No.5519 of 2014 (State of U.P. Vs. M/s Ashoka Cold Storage); (ii) issue a writ, order or direction in the nature of Mandamus commanding the Respondent no.4 to decide the application of the petitioner dated 06.04.2023, expeditiously within stipulated period as may be fixed by this Hon'ble Court. ..." 3. Upon hearing the learned counsel appearing on behalf of the parties and perusing the record, we are of the view that a direction should be issued to the respondent No.4 to consider and decide the application of the petitioner dated April 6, 2023. 4. Accordingly, the respondent No.4, being the Competent Authority, Urban and Ceiling/Additional Collector (Finance & Revenue), Saharanpur, is directed to consider and decide the application of the petitioner dated April 6, 2023 after granting an opportunity of hearing to the petitioner. The authority concerned is also directed to act in accordance with and in compliance of the order passed by the coordinate Bench of this Court in Writ-C No.28823 of 2010 (M/s. Ashoka Cold Storage & Ice Factory vs. State of U.P. and others) dated May 20, 2013 and the order passed by the Supreme Court in Special Leave Petition No.5519 of 2014 (State of U.P. vs. M/s. Ashoka Cold Storage). The entire process of deciding the application of the petitioner should be completed within a period of eight weeks from date. 5. It is to be noted, as informed by the learned counsel for the petitioner, that the review application filed by the Saharanpur Development Authority has also been dismissed. 5. With the above directions, the writ petition is disposed of. Order Date :- 17.5.2025 Rakesh (Dr. Y.K. Srivastava J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad