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2014 Supreme(All) 175

SUDHIR AGARWAL
PANTALOON RETAIL (INDIA) LTD. – Appellant
Versus
CHIEF CONTROLLING REVENUE AUTHORITY – Respondent


Advocates:
Counsel :
Abhishek Kumar for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Learned Standing Counsel fairly stated that the issue raised in this case is a pure question of law which has to be determined by construction of agreement, Annexure 1 to the writ petition, so as to find out whether it results in grant of a “Lease” in the garb of a “Memorandum of Licence” or, in fact, it is a “Licence” only and, therefore, the writ petition may be heard finally at this very stage under the Rules of the Court, as he does not propose to file any counter-affidavit but would address this Court from the documents available on record as also the statutory provisions and various authorities on the subject. In these circumstances, I proceed to hear this matter at length so as to decide finally at this stage under the Rules of the Court.

2. Heard Sri Abhishek Kumar, learned counsel for petitioner, and, learned Standing Counsel for respondents.

3. The question up for consideration in this writ petition, filed under Article 226 of the Constitution, which has arisen from the orders dated 5.12.2012 passed by Additional Collector (Administration), Gautambudh Nagar and 30.12.2013 passed by Chief Controlling Revenue Authority, U.P., Allahabad, is

















































































































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