M/S. Markap Resources Pvt. Ltd vs Raj. State Industrial Deve. And ...
2021 Latest Caselaw 15660 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5654/2021

M/s Markap Resources Pvt. Ltd., Through Its Director, Sh. Kapil Kohli S/o Sh. Kailash Nath Kohli, Age 58 Years, R/o D-214, Phase

- I, Ashok Vihar, New Delhi - 110 052

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation limited Through Its Managing Director, Riico, Udyog Bhawan, Tilak Marg, Jaipur - 302 005

2. Rajasthan State Industrial Development And Investment Corporation Ltd., Through Its Regional Manager, Abu Road, District Sirohi, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Kuldeep Mathur.

Mr. Devendra Singh Chouhan.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

18/10/2021

The present writ petition has been filed by the petitioner for

the following relief:-

"1. The respondent - RIICO may kindly be restrained from cancelling the allotment of plot in favour of the petitioner, and

2. The respondent- RIICO be restrained from levying any retention charges on the petitioner, and

3. Any other appropriate order, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner, and

4. Allow cost of the writ petitioner to the petitioner".

(2 of 2) [CW-5654/2021]

Learned counsel for the petitioner submits that though land

allotted by the respondents was leased out to the petitioner on the

ground that construction on the subject piece of land will be

completed by the petitioner within a period of two years from the

date of allotment.

Admittedly, learned counsel for the petitioner fairly submits

that within the time stipulated by the respondents, the

construction could not be completed by the petitioner for the

reasons beyond his control. Although, a notice for cancellation of

allotment was received by the petitioner in the year 2018 yet the

petitioner completed the required construction on the subject

piece of land after some delay. The counsel further submits that

for condonation of delay in raising the construction, an appropriate

application has already been moved before the competent

authority but the same is not being considered. The counsel

submits that he will move a fresh application for condonation of

delay in raising the construction on the subject piece of land.

In the circumstances, the present writ petition is disposed of

with a direction to the respondents that in the event the petitioner

moves an application for condonation of delay in raising the

construction, the same will be considered and decided strictly in

accordance with law.

(VINIT KUMAR MATHUR),J

28-Anil Singh/-

Powered by TCPDF (www.tcpdf.org)