Gulshan Homes And Infrastructure ... vs State Of U.P. And Another
2021 Latest Caselaw 2955 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 7921 of 2020
 

 
Petitioner :- Gulshan Homes And Infrastructure Pvt. Ltd.
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Anubhav Singh
 
Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
 

 
Hon'ble Pankaj Naqvi,J.

Hon'ble Piyush Agrawal,J.

Heard Sri Anubhav Singh, learned counsel for the petitioner and Sri Kaushalendra Nath Singh for the Authority.

This writ petition has been filed for quashing the demand notice dated 25.5.2017 issued by respondent no. 2 (Annexure no. 1) for payment of 64.7 % additional compensation by the petitioner.

Learned counsel for the petitioner claims parity with the order of this Court dated 18.9.2019 in Writ C No.30238/2019 wherein a direction was issued to the competent authority to examine the grievance of the petitioner in the light of the judgment of the learned Single Judge in Writ C No.18684/2019 which is not disputed by Sri Singh for the Authority.

No useful purpose would be served by keeping this petition pending and / or calling for a counter affidavit in view of the order which the Court proposes to pass hereunder:

The writ petition is disposed of with the direction that in the event the petitioner prefers a fresh representation before respondent no. 2, ventilating his grievance, within 3 weeks from today along a copy of this order, including a copy of the petition along with annexures, the said representation shall be considered by the competent authority, as expeditiously as possible, preferably within 2 months from the date of the receipt of the same, after affording opportunities to the petitioner, who shall be at liberty to place on record such evidence as he may deem fit.

We further direct that till such time the representation is not decided, no coercive action shall be taken against the petitioner.

However, in the event of default, this order shall automatically cease to have any effect without further reference to the Court.

Order Date :- 23.2.2021

Chandra