Ishan Institute Of Management And ... vs State Of U.P.Through Its Prin. ...
2012 Latest Caselaw 2208 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. SINGLE No. - 1483 of 2010
 

 
Petitioner :- Ishan Institute Of Management And Technology Through Its
 
Respondent :- State Of U.P.Through Its Prin. Secy. Deptt. Of Technical
 
Petitioner Counsel :- Mukund Madhava Asthana
 
Respondent Counsel :- C.S.C.,Lalit Shukla
 

 
Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioner, learned Standing Counsel and leaned advocate Sri Lalit Shukla for Respondent No 2 and 3.

By this writ petition mandamus has been sought for against the respondents for refund of the security deposit amounting of RS. 20 lacs to the petitioner and to issue No Objection Certificate as prayed in this writ petition for running the course of M.C.A.

Learned counsel for Respondent No. 2 and 3 states that the amount of Rs. 20 lacs deposited  as security may be refunded to the petitioner. Learned Standing Counsel has no objection for refunding the amount of Rs. 20 lacs deposited as security money by the petitioner.

So far as, question of issue N.O.C. for running course of M.C.A. by the petitioner, it requires certain condition to fulfill.

Counsel for the Respondent No. 2 and 3 and learned Standing Counsel submit that it is a matter between State and the petitioner  and if  petitioner fulfil conditions, the Government may consider for issuance of No Objection Certificate for the proposed course.

Considering the submissions of both parties, the writ petition is finally disposed of with the following directions to the respondent :

I.  Respondents shall consider the request of return of security deposite of Rs. 20 Lacs to the petitioner by  speaking order within two weeks from the date of production of certified copy of this order.

II. Respondents will also consider the issue of  No Objection Certificate for running course of M.C.A. to the petitioner in accordance with norms, rules and provisions contained in any statute within six weeks from the date of production of certified copy of this order.

III. There shall be no order as to cost. 

Dated - 25.5.2012

S. Kumar