Disposed

Sanjay Sharma and 4 Others v. State of U.P. through Its Secretary (Industrial Development) and 4 Others

Allahabad HC3 Jul 2024WRIC/15133/2024

Case brief

AI extract

What is this about?

Petitioners approached the High Court seeking lease back of a constructed part after the Noida authority failed to decide their 2012 representation for over a decade. The Court rebuked the authority for inaction and inaction attitude, directing the Chief Executive Officer to personally file an affidavit and pass a speaking order upon the representation.

What did the court decide?

Chief Executive Officer directed to file personal affidavit and forthwith pass a speaking order on the petitioners' representation.

Sanjay Sharma and 4 Others vs State of… — Contract and Commercial Disputes | Allahabad HC (2024)

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Court No. - 21

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Case :- WRIT - C No. - 15133 of 2024

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Petitioner :- Sanjay Sharma And 4 Others Respondent :- State Of U.P. Through Its Secretary (Industrial Development) And 4 Others

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Counsel for Petitioner :- Awadhesh Prasad,Balbir Singh,Radhey Shyam Singh

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Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Manish Kumar Nigam,J.

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The State Government vide order dated 29.2.2012 left it open to the petitioners to make fresh representation before Noida authority for lease back of the constructed part and in which event, the same was to be considered by the authority within two months. The petitioners claim to have made representation in pursuance of the said order on 26.4.2012 and the acknowledgement given by the authority in this regard has been brought on record. Since, the Noida authority had failed to take decision despite receipt of representation, therefore, the petitioners have approached this Court by way of instant petition.

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Sri Kaushalendra Nath Singh, learned Counsel for the respondent-authority tried to explain that why the petitioners are not entitled to lease back while admitting that no order on the representation filed by the petitioners has been passed till date.

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We see no justification on part of the authority in not taking decision in the matter for last twelve years. The authority had not challenged the order of the State Government and, therefore, it was bound to ensure its compliance.

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We call upon the Chief Executive Officer, Noida authority to file

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his personal affidavit and explain why decision has not been taken in the matter so far and despite this Court having passed the order on 15.5.2024, requiring the authority to disclose as to whether any decision had been taken by it or not. The previous order of this Court should have been a sufficient indication for the authority to proceed to decide the representation. It is because of inaction and callous attitude of the authority that unnecessary litigation is being filed before this Court. We, therefore, require the Chief Executive Officer to forthwith pass a speaking order on the representation of the petitioners and bring the said decision on record along with his personal affidavit.

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Put up this case as fresh on 22.7.2024.

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Sri Kaushalendra Nath Singh, learned Counsel for the Noida authority undertakes to communicate this order to the Chief Executive Officer for due compliance.

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Order Date :- 3.7.2024 S. Singh

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(Manish Kumar Nigam, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad

Sanjay Sharma and 4 Others v. State of U.P. through Its Secretary (Industrial Development) and 4 Others

Case brief

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Sanjay Sharma and 4 Others v. State of U.P. through Its Secretary (Industrial Development) and 4 Others

Case brief

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