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2022 Supreme(All) 1032

PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
Logix Buildwell Private Limited – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Prakash Tripathi.
For the Respondent: Anjali Upadhyay, Kaushalendra Nath Singh.

JUDGMENT :

1. The writ petitioner which is a company incorporated and registered under the provisions of the Companies Act, 1956, a group company of the Logix Group of Companies a leading name in the field of real estate development in the National Capital Region of India has approached this Court invoking its extraordinary jurisdiction under Article 226 of the Constitution of India claiming inter-alia the following reliefs:

    “i) to issue a writ, order or direction in the nature of certiorari calling the records and quashing the impugned order dated 12.3.2021 passed by respondent No. 3 (Annexure No. 16 to the writ petition).

ii) to issue a writ, order or direction in the nature of mandamus commanding the respondent authority to refund the allotment money of Rs.62,09,59,254/- to the petitioner along with interest @ 14% per annum from the date of deposit till the date of realization.”

2. It is contended that in the year 2011 the respondent No. 2 i.e. the New Okhla Industrial Development Authority (hereinafter referred to as the Development Authority) invited sealed tenders in two bid system for allotment of commercial plots on lease for a period of 90 years on as is where is basis. Th

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