This court allowed a writ petition and directed the Uttar Pradesh Avas Evam Vikas Parishad to execute a sale deed in favour of the auction purchaser within 30 days, following an assurance from the Estate Management Officer.
Directed to execute the sale deed in favour of the petitioner within 30 days.
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Court No. - 32
Case :- WRIT - C No. - 29455 of 2018
Petitioner :- Anil Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Adarsh Bhushan Counsel for Respondent :- C.S.C., Sunil Kumar Misra
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
This Court by order dated 30.8.2018 had directed the respondents to seek instructions in the matter. In pursuance thereof, Mr. Ganga Ram, Estate Management Officer, Uttar Pradesh Avas Evam Vikas Parishad is present along with instructions in person before this Court.
This writ petition, inter alia, has been filed for the following reliefs;
"a) issue a writ, order or direction of the nature of MANDAMUS commanding the Respondent-Parishad to execute free-hold/sale deed of Property no. F-641, MIG Kamla Nagar Agra in favour of the petitioner/auction purchaser/present allottee in terms of the allotment letter (No. 350) dated 24-04-2017 issued by respondent-Estate Management Officer, Agra."
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner has submitted that the petitioner is a auction purchaser and the entire amount claimed by the allotment letter (No. 350) dated 24.4.2017 has already been
deposited and the respondents are keeping the settlement pending by avoiding the execution of the sale deed and acting arbitrary. He further submitted that the petitioner has repeatedly approached the respondent authorities but no action in fact has been taken for execution of the sale deed. He further submitted that no legal impediment remains after withdrawal of Appeal From Order No. 1444 of 1999. He next submitted that the inaction and legal omission of the respondent-Parishad is wholly arbitrary and contrary to fair and transparent discharge of legal obligation of state instrumentality.
Mr. Ganga Ram, Respondent No. 5, Estate Management Officer, Uttar Pradesh Avas Evam Vikas Parishad, who is present in the Court in person, has assured this Court that the sale deed shall be executed positively in favour of the petitioner within a period of 30 days from today.
In view of the assurance given by Mr. Ganga Ram, Respondent No. 5, Estate Management Officer, Uttar Pradesh Avas Evam Vikas Parishad, this writ petition stands allowed. The concerned authority is directed to execute the sale deed in favour of the petitioner within a period of 30 days from today. In case some miscellaneous amount/charges are required under law to be paid by the petitioner, the same shall be deposited by him.
Order Date :- 10.12.2018
vinay
Anil Sharma
State Of U.P.
Shashi Kant Gupta
Manju Rani Chauhan
As recorded by the court registry
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