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Judgment
Sanjiv Khanna, J.
CM Nos. 10908-10909/2011 (exemption)
Allowed, subject to all just exceptions.
LPA No. 513/2011 & CM No. 10907/2011 (delay)
This intra court appeal directed against the order dated 11th March, 2011, is barred by 16 days. However, we are not issuing notice on the application for delay in view of the fact that the learned Counsel for the Appellant has stated that he would file a writ petition before the appropriate High Court having jurisdiction on the subject matter. We accept the said submission.
It may be noticed that the Appellant had applied for a residential plot in Sector C-9, Tronica City, Ghaziabad in the State of Uttar Pradesh. The said application was made to Uttar Pradesh State Industrial Development Corporation Limited, which has it''s registered office at Kanpur and the project office at Ghaziabad (U.P.). Uttar Pradesh State Industrial Development Corporation Limited is Respondent No. 1 to the present appeal and is located in the State of Uttar Pradesh.
In these circumstances, we are satisfied that the Appellant should not have filed the writ petition in this Court and should approach the High Court having jurisdiction as the subject matter and the property is situated in State of Uttar Pradesh. Accordingly, while accepting the statement made by the learned Counsel for the Appellant, we set aside the order dated 11th March, 2011, which was passed in limine and without notice to the Respondents and give liberty to the Appellant to approach appropriate High Court having jurisdiction.
The appeal and the application for condonation of delay are accordingly disposed of.