Rites Limited vs. State Of U.P. And 2 Others

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WRIC/36586/2025HC AllahabadGSTCNR UPHC01550570202527 October 20252 pages

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36586 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J.

1.

Heard learned counsel for the petitioner, Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents and Shri Ishan Deo Giri, learned counsel for the respondent - the U.P. Expressway Industrial Development Authority (EIDA).

2.

This writ petition has been filed praying inter alia for the following relief: "Issue a writ, order or direction in the mandamus commanding the respondents to release the payment of Rs. Rs. 9,80,23,236.61/- with up-to-date interest @ 6% per annum including GST applicable to the petitioner from the date of submission of bills to the actual payment made within time specified by this Hon'ble Court. (b) Issue an appropriate order or direction to respondent no.3 herein to consider and decide the grievance raised by the petitioner vide request letter /representation dated 26.09.2025 by reasoned and speaking order within the time stipulated by this Hon'ble Court, so as to meet the justice."

3.

Shri Ishan Deo Giri, learned counsel for the respondent - the U.P. Expressway Industrial Development Authority (EIDA) has raised objection Versus Counsel for Petitioner(s) : Devesh Pandey, J.P. Pandey Counsel for Respondent(s) : C.S.C., Ishan Deo Giri Rites Limited .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)

with regard to maintainability of the writ petition on the ground that no part of cause of action has arisen within the territorial limits of this Court, inasmuch as the respondent No.3 falls within the territorial limits of the Lucknow Bench of this Court.

4.

Since in the instant matter, the relief sought is a direction against respondent no.3 – U.P. Expressway Industrial Development Authority (EIDA), 2nd Floor, Paryatan Bhawan, C-13, Vipin Khand, Gomti Nagar, Lucknow, through its Chairman and Chief Executive Officer, this writ petition is not maintainable before this Court due to lack of territorial juri iction.

5.

Leaving it open for the petitioner to pursue his remedy before the appropriate forum, this writ petition is consigned to records. October 28, 2025 NLY WRIC No. 36586 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) NAND LAL YADAV High Court of Judicature at Allahabad

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