M/S Mega Infrabuild Private Limited,Lko. Thru. Its Director Shri Deepak Wadhwa vs State of U.P. Thru. Prin. Secy. Housing and Urban Development Deptt. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

M/S Mega Infrabuild Private Limited,Lko. Thru. Its Director Shri Deepak Wadhwa vs State of U.P. Thru. Prin. Secy. Housing and Urban Development Deptt. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: respondents granted three weeks' time to file counter affidavit; petition to be listed as fresh on 10.10.2025 along with the record of Writ-C No. 1990 of 2000; no substantive relief granted at this stage.

Issue for consideration

Whether a writ of mandamus should issue directing Respondent Nos. 2 and 3 / U.P. Awas Vikas Parishad to strictly adhere to the conditions of the Allotment Letter dated 01.03.2011 (issued pursuant to the auction of 29.01.2011), complete the process of allotment and auction, and hand over possession of Hotel Plot No. 5A/Hotel-1, Vrindavan Yojna, Lucknow, within a timebound schedule. +2 more

Detailed headnote1 paragraphs

Interim order, High Court of Judicature at Allahabad (Lucknow Bench), Court No. 2, September 12, 2025 (Hon'ble Mrs. Sangeeta Chandra, J. and Hon'ble Brij Raj Singh, J.), in WRIT - C No. 8998 of 2025 filed by M/s Mega Infrabuild Private Limited through its Director Shri Deepak Wadhwa against the State of U.P. (through Principal Secretary, Housing and Urban Development Department, Lucknow) and 2 others, including U.P. Awas Vikas Parishad (Respondent Nos. 2 and 3). Main prayers of the petition: (a) mandamus directing Respondent Nos. 2 and 3 to strictly adhere to the conditions of the Allotment Letter dated 01.03.2011 issued pursuant to the auction of 29.01.2011, complete the allotment process, and hand over possession of Hotel Plot No. 5A/Hotel-1, Vrindavan Yojna, Lucknow within a timebound schedule; (b) if the plot cannot be conveyed due to legal impediment, allotment of an equivalent alternate plot within Vrindavan Yojna on the same price, terms and conditions, per the respondents' proposal dated 07.12.2022 accepted by the petitioner on 27.12.2022; (c) restraint on demands for further installments, additional charges or interest until lawful possession and execution of the Agreement to Sell/Registry. No substantive adjudication at this stage: respondents were granted three weeks' time to file counter affidavit and the petition was ordered to be listed as fresh on 10.10.2025 along with the record of Writ-C No. 1990 of 2000.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 8998 of 2025

M/S Mega Infrabuild Private Limited,Lko. Thru. Its Director Shri Deepak Wadhwa

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Housing And Urban Development Deptt. Lko. And 2 Others

Development Deptt. Lko. And 2 Others .....Respondent(s) Counsel for Petitioner(s) : Prashant Kumar, Hari Anuj Bahadur Sinha, Satish Gulati Counsel for Respondent(s) : C.S.C., Ratnesh Chandra

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Ratnesh Chandra, learned counsel for respondent nos.2 and 3.

This petition has been filed with the following main prayers :-

"a) Issue a writ of mandamus directing Respondent Nos.2 and 3/U.P. Awas Vikas Parishad to strictly adhere to the conditions contained in the Allotment Letter dated 01.03.2011 issued pursuant to the auction proceedings held on 29.01.2011, and to complete the process of allotment and auction in terms thereof, and forthwith hand over possession of Hotel Plot No.5A/Hotel-1, Vrindavan Yojna, Lucknow, within a reasonable, timebound schedule fixed by this Hon'ble Court.

b) Issue a writ, order, or direction in the nature of mandamus, commanding Respondent Nos. 2 and 3/U.P. Awas Vikas Parishad that, in the event Hotel Plot No. 5A/Hotel-1, Vrindavan Yojna, Lucknow, allotted to the Petitioner through auction dated 29.01.2011 and allotment letter dated 01.03.2011, cannot be conveyed due to any legal impediment, they shall strictly adhere to the conditions of the said allotment letter and provide an alternate arrangement by allotting an equivalent plot within Vrindavan Yojna, Lucknow, strictly on the same price, terms, and conditions as originally fixed, in terms of their own proposal dated 07.12.2022 duly accepted by the

WRIC No. 8998 of 2025

2

Petitioner on 27.12.2022, and to deliver possession thereof within a timebound schedule, so as to safeguard the Petitioner's accrued rights and prevent further loss and hardship.

c) Issue a writ, order, or direction restraining the Opposite Parties from demanding or recovering further installments, additional charges, or interest thereon until such time as the Petitioner is granted lawful possession and the Agreement to Sell/Registry is executed, and to defer such demands without penal consequence."

Respondents pray for and are granted three weeks' time to file counter affidavit.

List this case along with record of Writ-C No.1990 of 2000 on 10.10.2025, as fresh.

(Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.)

September 12, 2025 Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench