Rajendra Singh Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

Rajendra Singh Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Mandamus for early disposal of the 2015 application refused; petitioner given liberty to file a fresh application for allotment if vacant plots exist, and if such application is filed within two weeks with a copy of the order, respondent no. 2 (CEO, Noida) must decide it in accordance with law by a reasoned and speaking order, expeditiously.

Issue for consideration

Whether a mandamus should be issued commanding the respondent to decide the petitioner's applications of 2015 and 2022 for allotment of a residential plot under Residential Plot Scheme-2011 (01) as Amended 2014 (Only for Agricultural Category of Noida).

Court's answer

Since the draw of plots has been held and allotment and possession letters issued to allottees, there is no good ground to entertain the petitioner's claim for early disposal of his 2015 application.

Ratio / Principle

The petitioner is at liberty to file a fresh application for allotment of a residential plot in the scheme in question, if there are vacant plots.

Key takeaways

If the petitioner moves such an application within two weeks along with a copy of the order, respondent no. 2 (CEO, Noida Industrial Development Authority, Gautam Budha Nagar) shall be under obligation to deal with it in accordance with law by passing a reasoned and speaking order, as expeditiously as possible.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Mrs. Sunita Agarwal, J. and Hon'ble Vipin Chandra Dixit, J.) disposed of a writ petition seeking a mandamus to decide the petitioner's applications of 2015 and 2022 for allotment of a residential plot under Residential Plot Scheme-2011 (01) as Amended 2014 (Only for Agricultural Category of Noida). Since the draw of plots had been held and allotment and possession letters issued to allottees, the Court found no good ground to entertain the claim for early disposal of the 2015 application. The petitioner was granted liberty to file a fresh application if vacant plots exist; if filed within two weeks with a copy of the order, the Chief Executive Officer, Noida Industrial Development Authority, Gautam Budha Nagar is obliged to deal with it in accordance with law by a reasoned and speaking order, as expeditiously as possible.

Court No. - 39 Case :- WRIT - C No. - 30715 of 2022 Petitioner :- Rajendra Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Jai Shanker Misra,Ashish Mishra,Vijai Shanker Shukla Counsel for Respondent :- CSC,Kaushalendra Nath Singh

Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the petitioner and Sri Kaushalendra Nath Singh learned Advocate has put in appearance on behalf of respondent-Noida.

The prayer in the present writ petition is to issue a mandamus commanding the respondent to decide the applications moved by the petitioner in the years 2015 and 2022 for allotment of residential plot in the scheme of Residential Plot Scheme-2011 (01) as Amended 2014, (Only for Agricultural Category of Noida).

On the instructions received by Sri Kaushalendra Nath Singh learned Advocate for the respondent-Noida, it is submitted that the draw of plots with respect to the scheme in question has been held. The allotment and possession letters have been issued to the allottees.

In light of the above, we do not find any good ground to entertain the claim of the petitioner for early disposal of the applications filed in the year 2015.

However, it is provided that the petitioner is at liberty to file a fresh application for allotment of residential plot in the scheme in question, if there are vacant plots.

In case, such an application is moved by the petitioner within a period of two weeks along with the copy of this order, the respondent no. 2 namely the Chief Executive Officer, Noida Industrial Development Authority, Gautam Budha Nagar shall be under obligation to deal with the same, in accordance with law, by passing a reasoned and speaking order, as expeditiously as possible.

The writ petition is disposed of , accordingly.

Order Date :- 9.11.2022 Brijesh

Digitally signed by BRIJESH KUMAR Date: 2022.11.10 11:29:57 IST Reason: Location: High Court of Judicature at Allahabad