WPMS/2553/2021
2021 Latest Caselaw 4929 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      ON THE 3RD DAY OF DECEMBER, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2553 of 2021

BETWEEN:
Ravinder Kumar Jindal                                ...Petitioner
      (By Mr. Rajeev Singh Bisht, Advocate)



AND:
State Infrastructure & Industrial Development
Corporation Ltd. of Uttarakhand
& others                                         ...Respondents


      (By Mr. Vipul Sharma, Advocate for respondent nos. 1 & 2)



                          JUDGMENT

1. According to the petitioner, he purchased two residential plots from the original lessee (respondent no. 3), Plot Nos. AP-83 and AP- 84, which are situated in Antriksh NRI City, SIDCUL, Sector-9, Haridwar.

2. It is the case of the petitioner that SIDCUL (respondent no. 1) had leased out land to respondent no. 3 for developing a residential colony and by a tripartite agreement between respondent no.1, respondent no.3 and petitioner, a sub-lease was created in favour of the petitioner. Now, petitioner wants to transfer those plots to someone else for which permission of SIDCUL and respondent no. 3 is needed.

3. According to the petitioner, respondent no. 3 has granted necessary permission/NOC, however, SIDCUL has not taken any decision in the matter, despite repeated requests.

4. By means of this writ petition, petitioner has sought a direction to respondent nos. 1 & 2 to grant necessary permission/NOC to the petitioner for transferring aforesaid two plots.

5. Having regard to the fact that petitioner has already made a representation on 24.07.2021 to the Competent Authority in SIDCUL, the writ petition is disposed of with a direction to General Manager, SIDCUL to take decision on petitioner's representation, as early as possible, but not later than six weeks from the date of receipt of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Aswal