Allahabad High Court
Mahendra Singh And Another vs State Of Up And 6 Others on 1 May, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:77410-DB
Court No. - 40
Case :- WRIT - C No. - 9240 of 2024
Petitioner :- Mahendra Singh And Another
Respondent :- State Of Up And 6 Others
Counsel for Petitioner :- Abhishek Misra,Krishna Mohan Misra
Counsel for Respondent :- Anjali Upadhya,Ayush Mishra,C.S.C.,Nipun Singh,Pankaj Dubey,Sunil Kumar Misra,Vineet Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri H.R. Mishra, learned senior advocate assisted by learned counsel for the petitioners, Sri Rishi Upadhayay holding brief of Sri Nipun Singh, learned counsel for the respondent Nos.1 2, and 3 - U.P. Awas Evam Vikas Parishad, Sri Vineet Pandey, learned counsel for the respondent Nos.4 and 5 - Greater NOIDA Industrial Development Authority, Sri Ayush Mishra, learned counsel for the private - respondent No.6 and learned counsel for the private - respondent No.7.
2. On the previous date, i.e. 19.04.2024, Sri Ayush Mishra, learned counsel who represents the private - respondent No.6, raised an objection qua the maintainability of the writ petition and the following order was passed:
"1. Heard Sri H.R. Mishra, learned senior advocate assisted by learned counsel for the petitioners, Sri Rishi Upadhayay holding brief of Sri Nipun Singh, learned counsel for the respondent Nos.1 2, and 3 - U.P. Awas Evam Vikas Parishad, Sri Vineet Pandey, learned counsel for the respondent Nos.4 and 5 - Greater NOIDA Industrial Development Authority, Sri Ayush Mishra, learned counsel for the private - respondent No.6 and learned counsel for the private - respondent No.7.
2. Sri Ayush Mishra, learned counsel for the private - respondent No.6 states that on behalf of the petitioners, the writ petition for mandamus cannot be maintained and in support of his submission, he has placed on record a judgment passed by Apex Court passed in Civil Appeal No.7261 of 2022 (arising out of S.L.P. (Civil) No.506 of 2020) (The Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. vs Sri Aloke Kumar and another), reported in 2022 LiveLaw (SC) 849 (Paras-52 and 53). Learned counsel for the private - respondent No.7 has also raised an objection as to the maintainability of the writ petition on the ground of material concealment of fact that contrary to para-1 of the writ petition, the petitioners have initiated Original Suit No.548 of 2023 (Yogendra Singh and others vs. Arun Kasana and others) before the Civil Judge (Senior Division), Gautambuddh Nagar, regarding the same dispute.
3. On the request of Sri H.R. Mishra, learned senior advocate, the matter is adjourned to respond to the preliminary objection so raised by learned counsels for the respondent Nos.6 and 7. Meanwhile, Sri Vineet Pandey, learned counsel for the respondent Nos.4 and 5 - Greater NOIDA Industrial Development Authority may also get instructions in the matter.
4. Put up this matter again as fresh on 01.05.2024, along with records of WRIT - C No. - 9227 of 2024."
2. In response to the aforesaid order, Sri Vineet Pandey, learned counsel for the respondent Nos.4 and 5 - Greater NOIDA Industrial Development Authority, has informed the court that notice is already served on 29.09.2023 to the society - NTPC Sahkari Awas Samiti Ltd., which is also appended as Annexure-5 to the writ petition.
3. Considering the facts and circumstances of the case and the controversy, once the complaint has been entertained, the concerned authority has already seized with the matter and the adequate notice is already served upon the society, in such situation, we are not inclined to adjudicate whether on behest of the petitioners, the present writ petition is maintainable or not. Needless to say, as the Greater NOIDA Development Authority has already issued notice on 29.09.2024, we hope and trust that the proceedings must be finalized in accordance with law after providing opportunity of hearing to all the stakeholders.
4. With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 1.5.2024
NLY
