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2024 Supreme(All) 249

ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
D. Kumars and Company – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:Ishir Sripat, Srijan Pandey, Swetashwa Agarwal, Sr. Advocate
For the Respondent: Anuj Mandhyan, Harsh Vardhan Gupta, Rahul Sahai, Vibhu Rai

JUDGMENT :

1. This writ petition arises out of an order passed by the Vice Chairman, Prayagraj Development Authority, dated 15.2.2024, contained in Annexure No. 1 to the writ petition, whereby petitioner’s application submitted for issuing completion certificate has not been accepted. The application itself was filed pursuant to the liberty granted by this Court in petitioner’s previous writ petition no. 42231 of 2023. The petitioner submits that the order impugned is wholly arbitrary and is in teeth of the previous adjudication made by this Court in petitioner’s earlier writ.

2. The impugned order of the Vice Chairman runs into eight pages. Paragraph No. 1 to 21 of the order notices facts relating to the controversy raised. The findings and conclusion in the order under challenge is contained in para 22, which is reproduced hereinafter:-

3. Although the Vice-Chairman has recorded in his order that there is no hindrance in issuance of completion certificate in respect of 14 units yet the completion certificate has not been issued to the petitioner.

4. In order to appreciate the controversy raised some of the background facts are required to be noticed. A building plan was initially app

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