This Court dismissed a writ petition challenging a 2019 communication regarding the revival of a plot allotment. The Court held that the petitioner, whose father was the original allottee, failed to challenge the earlier rejection of the revival claim during his lifetime, rendering the current petition devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- WRIT - C No. - 21288 of 2020
Petitioner :- Haresh Chandra Agarwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Shukla Counsel for Respondent :- C.S.C.,Sunil Kumar Misra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and Sri Swapnil Kumar, learned counsel for the respondent nos. 2 & 3.
Averments in the writ petition indicate that the allotment made in the name of the father of the petitioner had been cancelled in the year 2008 on the ground that no production had been started by the allottee within three years from the date of allotment.
It appears that the application for restoration/revival of the allotment had also been rejected. An intimation was given by the letter no.322/8 dated 14.10.2009 and another letter no.356/3 dated 11.11.2014. An application dated 26.02.2019 was moved by the petitioner praying for revival of the allotment of his plot with regard to which the intimation letter dated 18.07.2019 had been issued.
On a pointed query made by the Court, it is informed that the original allottee namely the father of the pettioner had died in the year 2015.
Having noticed the fact that the allotment in the name of the father of the petitioner/original allottee had been cancelled in the year 2008 and an intimation of rejection of his application for revival of the allotment was also given in 2009, and that the original allottee did not challenge the action of the respondent during his life-time, we cannot permit the petitioner herein to challenge the communication dated 18.07.2019, in absence of the challenge to the original letter of rejection of the claim.
The writ petition is, thus, found devoid of merits and hence dismissed .
Order Date :- 8.12.2020 P Kesari
1 issue framed by the court
Whether a petitioner can challenge a revised cancellation order without having challenged the original 2008 rejection or revival rejection during the original allottee's lifetime.
Haresh Chandra Agarwal
State Of U.P.
Others
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
