Allahabad High Court
Rg Residency Pvt. Ltd. Thru. Director ... vs State Of U.P. Thru. Prin. Secy. ... on 31 May, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:41581
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 2762 of 2024
Petitioner :- Rg Residency Pvt. Ltd. Thru. Director And Auth. Signatory Himanshu Garg
Respondent :- State Of U.P. Thru. Prin. Secy. Infrastructure And Industrial Development,Lko. And 2 Others
Counsel for Petitioner :- Apoorva Tewari,Siddharth Nandwani
Counsel for Respondent :- C.S.C.,Waseeq Uddin Ahmed
Hon'ble Alok Mathur,J.
1. Heard Sri Apoorva Tewari and Sri Siddharth Nandwani, learned counsels for the petitioner as well as learned Standing Counsel for respondent no. 1 and Sri Waseeq Uddin Ahmed, learned counsel has accepted notice on behalf of respondent nos. 2 and 3. Supplementary affidavit filed today is taken on record.
2. The petitioner is a consortium forming a special purpose company namely R.G Residency Pvt. Ltd. who has entered into lease deed dated 27.03.2010 with respondent no. 2. The dispute between petitioner and respondent nos. 2 and 3 is with regard to claim of "Zero Period" for which purpose it is submitted by the petitioner that they are entitled to deferment of installments including interest, penal interest and time extension charges which are being denied by opposite party nos. 2 and 3. The dispute has reached to the State Government and revision preferred by the petitioner which was rejected on 12.04.2024.
3. The petitioner has approached this Court assailing the order of the revisional authority by filing Writ - C No. 4673 of 2024 which was allowed by means of judgment and order dated 24.05.2024 and the matter was again remanded to the State Government for determination afresh considering that certain issues raised by the petitioner had not been considered by the revisional authority.
4. It has been submitted by learned counsel for the petitioner that the revision is still pending and during pendency of revision the respondent nos. 2 and 3 are proceeding to change the status of the land and are trying to attach the said land for which purpose whey have affixed a notice on the disputed property.
5. It is further submitted by learned counsel for the petitioner that that during remand proceedings which were subjected to writ petition and subsequently in Writ - C No. 4673 of 2024 an interim order was existing in favour of the petitioner which lapsed when revision was dismissed. It has been submitted that in the remand proceedings no fresh interim order has been passed, but the application preferred by the petitioner for interim protection dated 28.05.2024 is still pending consideration.
6. It is next submitted that during pendency of the revision the interest of the petitioner ought to be secured for which purpose the petitioner in the present writ petition has sought direction to the revisional authority to decide the interim relief application of petitioner with expedition and to protect the petitioner till appropriate decision is passed on the interim relief application dated 28.05.2024.
7. Learned counsel for the respondents have opposed the writ petition, but to not dispute the factual aspect of the case as discussed herein above and also do not raise any objection with regard to the prayer made by the petitioner for expeditious disposal of the interim relief application.
8. In the light of above, respondent no. 1 is directed to consider and decide the application dated 28.05.2024, expeditiously say within a period of two weeks from the date of production of certified copy of this order in accordance with law after hearing all the parties concerned.
9. Further considering the fact that the petitioner was protected in the same proceedings at the earlier stage by means of protection granted by this Court in its order dated 06.12.2022, passed in Writ - C No. 8756 of 2022, it is provided that same protection shall continue till decision is taken on the application dated 28.05.2024 of the petitioner by respondent no. 1.
10. With above directions the writ petition stands disposed of.
Order Date :- 31.5.2024
A. Verma
(Alok Mathur, J.)
