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2022 Supreme(All) 1178

MANOJ KUMAR GUPTA, JAYANT BANERJI
Ganga Charan Aryawardhan Hospital – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Udayan Nandan, Ashok Kumar Dwivedi, Sr. Advocate
For the Respondent: Dharmendra Singh Chauhan

JUDGMENT :

1. Counsel for the parties are agreeable that the matter be heard and decided at this stage itself without calling for affidavits from respondents. Accordingly, the present writ petition is being taken up for consideration.

2. Heard Shri Shashi Nandan, learned Senior Counsel assisted by Shri Udayan Nandan and Shri Ashok Kumar Dwivedi, learned counsel for the petitioner and Shri D.S. Chauhan, learned counsel appearing for the respondent nos. 2 and 3. The State-respondents, namely, respondent no. 1 and 4 are represented by learned Standing Counsel.

BACKGROUND:

3. In the present writ petition, the petitioner seeks to challenge an order dated 17.10.2022 passed by the Vice-Chairman of Bareilly Development Authority[BDA] rejecting the proposal for compounding of the nursing home of the petitioner. Further under challenge are the orders/letters both dated 22.10.2022 informing the petitioner, respectively, that as per the approved layout, on a residential plot, a nursing home cannot be sanctioned, therefore, the proposal for compounding of the nursing home has been rejected by t

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