M/S Tgb Realty Pvt. Ltd. Thru. ... vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 665 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- MISC. BENCH No. - 25002 of 2020
 

 
Petitioner :- M/S Tgb Realty Pvt. Ltd. Thru. Authorized Signatory
 
Respondent :- State Of U.P. Thru. Prin. Secy. Housing/Urban Planning &Ors.
 
Counsel for Petitioner :- Saurabh Misra
 
Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla
 

 
Hon'ble Alok Singh,J.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for opposite parties no.1,3 and 4 and Sri Shobhit Mohan Shukla, learned counsel for opposite party no.2.

Through this writ petition, petitioner has prayed a writ of mandamus directing the opposite party no.2 to decide the recall application dated 13.02.2020 apart from other prayers.

At the outset, Sri Shobhit Mohan Shukla, learned counsel for opposite party no.2 has raised a preliminary objection regarding maintainability of the writ petition. He submits that this is second writ petition and the petitioner has already filed one writ petition bearing Writ-C No.32301 of 2019 ( M/s T.G.B. Reality Pvt. Ltd. Vs. State of U.P. and others) which was decided by judgment and order dated 17.10.2019 with the direction to opposite party no.2 to decide the recall application. Learned counsel for the respondent no.2 further submits that for the same prayer present second writ petition is not maintainable and is liable to be dismissed.

Having considered the objection raised by learned counsel for respondent no.2 we are of the view that the present second writ petition is not maintainable as the relief shout in this writ petition has already been decided in Writ-C No.32301 of 2019 vide judgment and order dated 17.10.2019.

The writ petition is accordingly dismissed. However, it shall be open for the petitioner to pursue the remedy of contempt as per law.

Order Date :- 11.1.2021

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