Dismissed

Awadhesh Kumar v. State of Up and 2 Others

Allahabad HC12 Jul 2024WRIC/22246/2024

Case brief

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What is this about?

Writ petition seeking direction for house allotment execution dismissed as petitioner's allotment was cancelled in 2003 due to default and third-party interest has since been created.

What did the court decide?

null

What the court decided

Awadhesh Kumar vs State of Up and 2 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:118640-DB

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Court No. - 29

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Case :- WRIT - C No. - 22246 of 2024

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Petitioner :- Awadhesh Kumar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajit Kumar,Satya Prakash Singh Counsel for Respondent :- Arun Kumar Pandey,C.S.C.

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

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Heard Sri Satya Prakash Singh, learned counsel for the petitioner, Sri R.M. Upadhyay, learned Additional Chief Standing Counsel for State-respondent no.1 and Sri Arun Kumar Pandey, learned counsel for respondent nos.2 and 3.

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The petitioner has invoked the writ jurisdiction for a direction commanding respondent authorities to accept the outstanding dues and to execute the free hold deed and hand over the possession of House No.E/154/B situated at Ratanpur, Phase 3, Kanpur Nagar allotted in favour of the petitioner on 10.08.1988.

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Sri Arun Kumar Pandey, learned counsel for respondent-Kanpur Development Authority, on the basis of instructions received by him, states that the cancellation of allotment of land in favour of the petitioner took place way back on 01.10.2003 and later the property was allotted to one Basant Kumar and Smt. Anita Devi in respect whereof sale deed/lease deed has also been executed on 02.08.2022. He submits that at this belated stage, once third party interest has been created over the property in question, the petitioner has no case and writ petition is liable to the dismissed.

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Considering the aforesaid objection, we have proceeded to examine the record in question and from perusal of the record it reveals that the allotment of House No.E/14/B situated at Ratanpur, Phase 3, Kanpur Nagar was made in favour of the petitioner on 10.08.1988 with certain terms and conditions. Admittedly, there was default by the petitioner and cancellation of the allotment took place in the year 2003 itself. Therefore, at this stage, the claim set up by the petitioner is fully unsustainable as the petitioner was well aware of the terms and conditions of the allotment and more so, third party interest has already been created qua the property in question, and hence, the writ petition sans merit.

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The writ petition is, accordingly, dismissed.

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Order Date :- 25.7.2024

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Manish Himwan

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Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad

Awadhesh Kumar v. State of Up and 2 Others

Case brief

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Awadhesh Kumar v. State of Up and 2 Others

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