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M/S Radha Grah Udog v. State Of U.P. & Others - WRIT - C No. 53033 of 1999 [2007] RD-AH 12006 (16 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No. 10


M/s Radha Grah Udyog                                                                        ......Petitioner.


State of U.P. and others                                                              .........Respondents.


Hon'ble Anjani Kumar, J.

Hon'ble Sabhajeet Yadav, J.

Petitioner by means of this writ petition has prayed for the following reliefs:

"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to issue:-

(i) a writ of mandamus directing the respondent no. 4 to execute the lease-deed and transfer the possession of shed no: 2 type 2, Industrial Area, Banda in favour of the petitioner.

(ii) a writ of mandamus directing the respondent no. 2 and 3 to forthwith effect compliance of their orders dated 11.1.99 and 14.10.99 respectively.

(iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(iv) award cost to the petitioner."

A counter affidavit has been filed in which it has been stated that the land in question was originally allotted to M/s Sewa Chemicals, Banda by the allotment order dated 4th March, 1981 and possession was also delivered to  M/s Sewa Chemicals, Banda  but in view of the default committed by  M/s Sewa Chemicals, Banda in complying with the conditions of the agreement and depositing the money as per time schedule given in the agreement, allotment has been canceled by the respondents. Pursuant to the cancellation of the allotment made in favour of  M/s Sewa Chemicals, Banda the land in question has been alloted to the petitioner by the resolution dated 17th June, 1996. It is further asserted that the petitioner has not complied with the conditions of allotment therefore, possession has not been handed over to the petitioner. On the other hand, petitioner has submitted that the petitioner has complied with the conditions of allotment but because of the interim order passed in writ petition no. 3935 of 2000, the petitioner has not been delivered the possession. This writ petition is listed along with writ petition no. 3935 of 2000 which has been dismissed by us today for want of prosecution. But in view of the situation emerges after dismissal of the writ petition 3935 of 2000, counsel for the petitioner submitted that now the respondents be directed to hand over the possession and petitioner is ready to comply with the conditions whatever was there with regard to allotment and respondents be further directed to hand over the possession of the land. Be it, as it may.

In view of the situation that emerges after dismissal of writ petition 3935 of 2000, we direct the petitioner to approach the authority along with the copy of the order passed in writ petition 3935 of 2000 and also of this order making representation to the respondents within one month from today which shall be decided by the authority within next three months.

With this observation, this writ petition is disposed off finally.

Dated: 16.7.2007.



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