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M/S Pooja Fuits and Company Navin Phal Evam Sabji Mandi Sector 88 and Another v. State of U.P. and 3 Others

Allahabad HC23 Mar 2022WRIC/34688/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking direction to hand over shop possession or refund money. Relying on a similar previous decision, the Court ordered quashing of the cancellation order if the petitioner deposits the balance amount in two equal installments within two months.

What did the court decide?

Impugned cancellation order to be quashed and possession granted upon deposit of balance amount in two equal instalments within two months; otherwise cancellation enforced.

M/S Pooja Fuits and Company Navin Phal Evam Sabji Mandi… — Property and Title | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 34688 of 2021

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Petitioner :- M/S Pooja Fuits And Company Navin Phal Evam Sabji Mandi Sector 88 And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Mishra Counsel for Respondent :- C.S.C.,Adarsh Bhushan,Rajesh Kumar Yadav

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Sri S.K. Mishra, learned counsel for the petitioners and Sri Adarsh Bhushan, learned counsel for the respondents.

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The instant writ petition has been filed praying for a direction to Respondent no. 2 to take decision on the application of the petitioner dated 20.11.2021 for handing over possession of Shop No. C-40, Sector 88, NOIDA, Gautam Budh Nagar to the petitioner.

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Earlier the petitioner had approached this Court by way of Writ C No.37496 of 2018 (M/s Pooja Fruits And Company And Another vs. State of U.P. And 3 Others) challenging the order dated 25.10.2018 cancelling the allotment on account of nondeposit of 50 per cent of the bid amount. The said writ petition was dismissed by order dated 15.11.2018 but with liberty to the petitioners to move application for refund of the amount.

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It seems that the petitioners thereafter filed an application dated 22.11.2021 in which they again made prayer for delivery of possession to them or for refund of the money already deposited along with interest. Since the said application has not been decided so far, the petitioners have once again approached this Court by way of instant writ petition.

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During the course of making oral submissions, learned counsel for the parties are ad idem in stating that in similar facts and circumstances Writ C No. 2692 of 2019 ( M/S Do Bhai Fruit And Vdgetable Company vs. State Of U.P. And 3 Others) was disposed of by this Court with the following directions:-

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"... In such circumstances, therefore, once the petitioner has come to deposit Rs. 15,00,000/- as per the direction of the Court and it is admitted to the respondent that certain amount had already been deposited by the petitioner with Mandi Parishad, we hereby provide that in case petitioner deposits balance amount within next two months 50% of the same along with other taxes in two equal instalment of 30 days each, the allotment

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letter shall be put into service, the petitioner shall be given possession of the shop and the order impugned dated 25.10.2018, canceling the allotment of the shop shall stand quashed.

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However, in the event of default of the undertaking being advanced by the learned counsel for the petitioner in his behalf, the respondent Mandi Parishad shall be free to enforce the cancellation order dated 25.10.2018 and forfeit the amount already deposited as per Allotment Regulations, 2016.

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The writ petition thus stands disposed of accordingly."

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Learned counsel for the parties submitted that the instant petition be also decided in similar terms.

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Accordingly, we dispose of the instant writ petition in similar terms but with the modification that the balance amount would be Rs. 62.73 lacs less the amount already in deposit.

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Order Date :- 23.3.2022 Kirti

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(Dr. Y.K. Srivastava, J) (Manoj Kumar Gupta, J)

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Digitally signed by KIRTI SAHU Date: 2022.03.23 17:56:00 IST Reason: Location: High Court of Judicature at Allahabad

M/S Pooja Fuits and Company Navin Phal Evam Sabji Mandi Sector 88 and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Pooja Fuits and Company Navin Phal Evam Sabji Mandi Sector 88 and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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