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Smt. Ritu Malik v. U.P. State Industrial Dev. Corp. And Another - WRIT - C No. 42923 of 2006 [2006] RD-AH 13358 (10 August 2006)


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).


Hon'ble A.K.Yog

Hon'ble R.K. Rastogi,J.


        Issue notice.

        No notice need be sent  as the respondents are represented  by  Sri Arvind  Srivastava, Advocate, who prays for and is allowed six weeks time to file counter affidavit and four weeks thereafter are allowed to file rejoinder affidavit.

       Stay application shall be listed immediately after expiry of ten weeks.

     Until further orders, we direct the petitioner to approach the concerned authority by filing an application with request to consider her grievance  along with  admitted amount  of extension fees in view of the relevant clause mentioned in the allotment  order as well as relevant map showing her bonafides  to establish Industry and to comply the terms  and conditions of the allotment/lease deed executed in her favour. The aforesaid application will be filed within two weeks from today. The respondents shall consider  the aforesaid application sympathetically with an effort, as much as possible, to enable the petitioner  to establish Industry and save herself  from the penal consequences. It is made clear that deposit  of  the extension fees shall be subject to final order  which may be passed. It is further made clear  that in case  the Corporation  finds that full extension fees has not been deposited  as per the  relevant  clause in the allotment  order, it shall intimate the difference to the petitioner which shall be a disputed amount of extension fees subject to the  orders  to be passed by this Court  after hearing the parties.

        The petitioner shall also file an undertaking through an affidavit  before the Corporation indicating the period for establishing the Industry.

       Subject to complying with the aforesaid conditions, the impugned  order shall not be given effect to and the same will be subject to any further order which this Court may pass.

        In case the petitioner  commits default in complying with the aforesaid directions, this stay order shall automatically lapse.        

        Let a certified copy of this order be given to the  learned counsel for the petitioner on payment of usual charges within  twenty four hours.




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