Smt Prabhawati Devi vs State Of U P & Others

Court No. - 34

Case :- WRIT - C No. - 27359 of 2015 Petitioner :- Smt. Prabhawati Devi Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- C.S.C.,N.N. Mishra

Hon'ble Sudhir Agarwal,J. Hon'ble Ajit Kumar,J.

1. Shops in question belong to Nagar Panchayat, Kushi Nagar and under lease agreement allotted to petitioner initially for the period of 15 years subject to renewal on behalf of lessor. Nagar Panchayat now has taken a decision that the place where shops in question are constructed that should be developed in a shopping complex and after construction of shopping complex, lessee of shops shall be given allotment on priority basis. In pursuance thereto notice dated 18.4.2015 has been issued.

2. Learned counsel for petitioner submitted that this is without jurisdiction and no opportunity has been given, but this notice protects interest of petitioner and in any case, right of petitioner arise from the contract of lease and if there is alleged breach of conditions of lease agreement, remedy lies in common law and cannot be entertained under Article 226 of Constitution of India.

3. Dismissed Accordingly.

Order Date :- 8.11.2017 Sanjeev