Partly allowed

Ashok Kumar v. State of U.P. and 3 Others

Allahabad HC3 Jul 2024WRIC/20819/2024

Case brief

AI extract

What is this about?

The High Court set aside the impugned orders cancelling the allotment of a commercial plot after the petitioner deposited the outstanding amounts. The matter was remanded to the competent authority to decide afresh within three weeks.

What did the court decide?

Impugned orders dated 28.05.2021 and 03.06.2024 set aside; matter remanded to competent authority for fresh decision within three weeks.

Ashok Kumar vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:130013-DB

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Court No. - 29

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Case :- WRIT - C No. - 20819 of 2024

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Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- C.S.C.,Nipun Singh,Vivek Saran

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State-respondents and Sri Vivek Saran, learned counsel for the respondents No.2 to 4 - U.P. Avas Evam Vikas Parishad.

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The present writ petition is preferred inter alia praying for the following relief:

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"i. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 03.06.2024 passed by the respondent No.2 and informed on 05.06.2024 by the respondent No.4 to the petitioner and order dated 28.05.2021 passed by the respondent No.4 i.e. Ayukt, Sampatti Prabandhak, Uttar Pradesh Avas Evam Vikas Parishad, Lohiyapuram Yojna, Fatehgarh/ Chhibramau Yojna, Fatehgarh Farrukhabad by means of which the allotment of Commercial Plot No.3/C 78 situated in Lohiyapuram Yojna Fatehgarh/ Chhibramau Yojna in favour of the petitioner has been cancelled.

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ii. issue a writ, order or direction in the nature of mandamus directing the respondents to revive the allotment of the petitioner over the commercial plot No.3/C 78 (C) measuring area 324 sq. mtr. Situated in Lohiyapuram Yojna, Fatehgarh, Farrukhabad."

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While passing the order dated 15.07.2024, the court proceeded to make the following observations:

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"3. Learned counsel for the petitioner states that in terms of the allotment letter, the petitioner made some default, but the same was due to reasons beyond his control, as he was falsely implicated in a criminal case and was behind bars from 29.08.2018 to 30.07.2020. Immediately after his release from jail, he further deposited certain amounts. Learned counsel for the petitioner, in this backdrop, states that the petitioner is ready and willing to deposit the outstanding amounts in terms of the allotment letter along with penal interest and restoration charges in terms of the Rules and Regulations of U.P. Avas Evam Vikas Parishad.

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4. Sri Vivek Saran, learned counsel for respondents No. 2 to 4 - U.P. Avas Evam Vikas Parishad, has vehemently opposed the writ petition and submitted that as the allotment of commercial plot was cancelled way back in the year 2021 and since then, the petitioner has not made any efforts for deposit of outstanding amount or for restoration of the commercial plot. Meanwhile, the auction of the plot in question also took place but he fairly informs the court that till date the said auction has not

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been approved by the competent authority.

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5. In view of the submission advanced by the learned counsel for the petitioner, before proceeding further in the matter, let Sri Vivek Saran, learned counsel for the U.P. Avas Evam Vikas Parishad, obtain instructions in the matter."

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Today, when the matter was taken up, learned counsel for the petitioner filed a supplementary affidavit stating that the entire outstanding amount has already been deposited with the competent authority.

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Considering the factual situation, as the petitioner has already deposited the entire outstanding amount, the impugned orders dated 28.05.2021 and 03.06.2024 are set aside. The matter is relegated to the competent authority to decide afresh within three weeks from the date of production of a certified copy of this order.

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With the aforesaid observations, the writ petition stands disposed of.

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Order Date :- 12.8.2024 NLY

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Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad

Ashok Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

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Ashok Kumar v. State of U.P. and 3 Others

Case brief

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