Disposed

M/S. Markap Resources Pvt. Ltd. v. Raj. State Industrial Deve. and Investment Cor. Ltd.

Rajasthan HC18 Oct 2021CW/5654/2021

Case brief

AI extract

What is this about?

The High Court disposed of this writ petition concerning a leasehold dispute where construction was delayed. The Court directed the respondents to consider a fresh application for condonation of delay strictly in accordance with law and refused further substantive disposal in this appeal.

What did the court decide?

Directed that in the event petitioner moves an application for condonation of delay, the same will be considered and decided strictly in accordance with law.

M/S. Markap Resources Pvt. Ltd. Vs Raj… — Contract and Commercial Disputes | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5654/2021

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M/s Markap Resources Pvt. Ltd., Through Its Director, Sh. Kapil Kohli S/o Sh. Kailash Nath Kohli, Age 58 Years, R/o D-214, Phase - I, Ashok Vihar, New Delhi – 110 052

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----Petitioner

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Versus

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Rajasthan State Industrial Development And Investment Corporation limited Through Its Managing Director, Riico, Udyog Bhawan, Tilak Marg, Jaipur – 302 005

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Rajasthan State Industrial Development And Investment Corporation Ltd., Through Its Regional Manager, Abu Road, District Sirohi, Rajasthan.

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----Respondents

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For Petitioner(s)

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: Mr. Kuldeep Mathur.

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Mr. Devendra Singh Chouhan.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Judgment / Order

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18/10/2021

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The present writ petition has been filed by the petitioner for

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the following relief:-

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“1. The respondent – RIICO may kindly be restrained from cancelling the allotment of plot in favour of the petitioner, and

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2. The respondent- RIICO be restrained from levying any retention charges on the petitioner, and

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3. Any other appropriate order, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner, and

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4. Allow cost of the writ petitioner to the petitioner”.

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(2 of 2)

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[CW-5654/2021]

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Learned counsel for the petitioner submits that though land allotted by the respondents was leased out to the petitioner on the ground that construction on the subject piece of land will be completed by the petitioner within a period of two years from the date of allotment.

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Admittedly, learned counsel for the petitioner fairly submits that within the time stipulated by the respondents, the construction could not be completed by the petitioner for the reasons beyond his control. Although, a notice for cancellation of allotment was received by the petitioner in the year 2018 yet the petitioner completed the required construction on the subject piece of land after some delay. The counsel further submits that for condonation of delay in raising the construction, an appropriate application has already been moved before the competent authority but the same is not being considered. The counsel submits that he will move a fresh application for condonation of delay in raising the construction on the subject piece of land.

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In the circumstances, the present writ petition is disposed of with a direction to the respondents that in the event the petitioner moves an application for condonation of delay in raising the construction, the same will be considered and decided strictly in accordance with law.

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(VINIT KUMAR MATHUR),J

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28-Anil Singh/-

M/S. Markap Resources Pvt. Ltd. v. Raj. State Industrial Deve. and Investment Cor. Ltd.

Case brief

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M/S. Markap Resources Pvt. Ltd. v. Raj. State Industrial Deve. and Investment Cor. Ltd.

Case brief

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What did the court decide?

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