Disposed

Lalit Prakash Katiyar v. State of U.P. Thru. Addl. Chief Secy, / Prin. Awas and Urban Planning Deptt. Lko. and 2 Others

Allahabad HC1 Jul 2024WRIC/5721/2024

Case brief

AI extract

What is this about?

This petition seeks a writ of mandamus directing the Lucknow Development Authority to hand over physical possession of a sold plot. The court noted prior history of sale deed execution but denied final disposal.

What did the court decide?

Three weeks' time granted to LDA for counter affidavit; one week for rejoinder.

What the court decided

Lalit Prakash Katiyar vs State of U.P. Thru. Addl. Chief… — Land Acquisition | Allahabad HC (2024)

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Court No. - 3

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Case :- WRIT - C No. - 5721 of 2024

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Petitioner :- Lalit Prakash Katiyar Respondent :- State Of U.P. Thru. Addl. Chief Secy, / Prin. Awas And Urban Planning Deptt. Lko. And 2 Others Counsel for Petitioner :- Vimlesh Chandra,Anand Mani Tripathi

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Counsel for Respondent :- C.S.C.,Ratnesh Chandra

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

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(1) Heard the learned counsel for the petitioner and the learned Standing counsel who appears for the Staterespondents no.1 and Shri Ratnesh Chandra, appearing for the Opposite party nos.2 and 3 L.D.A.

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(2) This petition has been filed by the petitioner for the following main prayer:-

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"1) To issue a writ, order or direction in the nature of Mandamus thereby commanding / directing the Opposite parties particularly the Lucknow Development Authority, Lucknow, to give / provide actual physical possession of Plot No.6/E-1034, Sector-6, Gomti Nagar Extension, Lucknow, in view of the sale deed dated 28.06.2019 executed by the Lucknow Development Authority, Lucknow, in favour of the petitioner."

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(3) It is the case of the petitioner that 115.50 sq. Mtrs of land was allotted to the petitioner. On 28.02.2005 a communication regarding the same was sent through letter dated 04.03.2005. A Sale Deed for D-Type plot situated in Sector-6, Gomti Nagar Extension, Lucknow, was not being executed despite all payments being made by the petitioner. Thereafter, the petitioner approached this Court in Writ-C No.12875 (M/B) of 2016 [ Lalit Prakash Katiyar Vs. Lucknow Development Authority, Lucknow and others ] and counsel appearing for the L.D.A. had assured the Court on 29.05.2019 that the sale deed of the plot in question shall be executed shortly.

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(4) Consequently, the writ petition was dismissed on 17.07.2019 by recording the fact that the L.D.A. has already executed a sale deed in favour of the petitioner.

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(5) Despite such execution of Sale Deed in favour of the

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petitioner, the possession of the plot in question has not been given to the petitioner till date.

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(6) Hence, this petition has been filed.

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(7) Learned Standing Counsel appearing for the L.D.A. prays for and is granted three weeks' time to file a detailed counter affidavit. One week's time thereafter is given to the petitioner to file his rejoinder affidavit.

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(8) List this matter on 29.07.2024 .

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Order Date :- 1.7.2024 N.PAL

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Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench

Lalit Prakash Katiyar v. State of U.P. Thru. Addl. Chief Secy, / Prin. Awas and Urban Planning Deptt. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Lalit Prakash Katiyar v. State of U.P. Thru. Addl. Chief Secy, / Prin. Awas and Urban Planning Deptt. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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