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Allahabad High Court

Kalyani Sahkari Awas Samiti Ltd. & ... vs U.P. Awas Evam Vikas Parishad Ghaziabad ... on 18 January, 2010

Author: Amitava Lala

Bench: Amitava Lala

Court No. - 3

Case :- WRIT - C No. - 15443 of 2002

Petitioner :- Kalyani Sahkari Awas Samiti Ltd. & Another
Respondent :- U.P. Awas Evam Vikas Parishad Ghaziabad & Another
Petitioner Counsel :- G.K. Singh,G.K. Malviya
Respondent Counsel :- Rajiv Gupta,A.K. Misra,A.K. Saxena,S.C.

Hon'ble Amitava Lala,J.

Hon'ble Shri Kant Tripathi,J.

The petitioner has challenged the demand notice dated 27.3.2002 issued by respondent no.1. According to the petition some concession had been given to various cooperative societies including the petitioner. Surprisingly it was withdrawn as apparent from the counter affidavit. According to the authority a sum of Rs. 1,52,93,921/- was to be deposited, which according to the petitioner has been deposited. Accordingly the matter has to be inquired into by the U.P. Avas Evam Vikas Parishad and appropriate order may accordingly be passed.

We, therefore, dispose of the writ petition directing the U.P. Avas Evam Vikas Parishad to take a decision on being communicated this order, considering the representation and upon hearing the parties. However, the petitioner will make a representation within a week after obtaining a certified copy of the order and the Parishad will take a decision within one month thereafter. Till one week after the communication of the decision taken by the U.P. Avas Evam Vikas Parishad, the demand which has been made by the impugned order, will not be given effect.

No order as to costs.

Order Date :- 18.1.2010 RKSh