The High Court directed the Kanpur Development Authority to pass a speaking order on the petitioner's representation regarding a flat allotment, directing them to decide the matter within eight weeks.
Direction to Kanpur Development Authority to take decision on the representation within eight weeks.
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Court No. - 21
Case :- WRIT - C No. - 19603 of 2022 Petitioner :- Aftab Alam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- CSC,Anand Prakash Paul
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
Pleadings have been exchanged between the parties. On request of counsel for the parties, we proceed to dispose of the matter finally.
The petitioner claims that he was allotted House No.EWS-84 at Wajidpur, District Kanpur Nagar. He has prayed for a mandamus directing the respondents to accept the balance amount and decide the representation filed by him in this behalf dated 5.1.2022 (Annexure-5).
Sri A.P. Paul, learned counsel appearing on behalf of Kanpur Development Authority submitted that the possession of the petitioner over the flat is illegal. Initially, the petitioner succeeded in getting allotment by concealing the fact that his father had also applied and was allotted a flat bearing No.EWS83. He further submitted that since the petitioner has illegally occupied the flat, it is additional ground on account of which the petitioner is not entitled to claim any right over the flat in question. It is also submitted that this Court in respect of two other flats bearing No.EWS-81 and 82 has directed Kanpur Development Authority to take decision in the matter.
Having regard to the submissions made, we are of the opinion that interest of justice would be served in directing Kanpur Development Authority to pass a speaking order on the representation of the petitioner.
It is directed accordingly. The decision shall be taken within eight weeks. The petitioner shall file a true attested copy of the instant order alongwith photo copy of the representation before respondent no.3 within two weeks from today.
The petition stands disposed of accordingly.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 13.10.2022 SL
Digitally signed by SHYAM LAL Date: 2022.10.14 16:20:09 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether Kanpur Development Authority was directed to decide a representation regarding an illegal allotment and payment of balance amount.
Aftab Alam
State Of U.P.
Kanpur Development Authority
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
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