Smt. Sushila Shukla vs Collector Distt. Raebareli and 2 Others — Allahabad HC (2026) — LawSathi Research

Smt. Sushila Shukla vs Collector Distt. Raebareli and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party No. 2 (Secretary, Raebareli Development Authority) to decide the petitioner's representation dated 21.01.2021 within six weeks in accordance with law and Clause 8.5 of the allotment terms and conditions; and restraint on coercive recovery of outstanding sale consideration till appropriate orders are passed.

Issue for consideration

Whether the opposite parties should be directed to decide the petitioner's representation dated 21.01.2021 seeking surrender of the allotted shop (shop No. 36) and refund of sale consideration, which had remained undecided notwithstanding the order dated 02.05.2026 pressing a one time settlement.

Court's answer

The writ petition is disposed of with a direction to opposite party No. 2, i.e. Secretary, Raebareli Development Authority, Jail Garden Road, Indira Nagar, Raebareli, to consider and decide the petitioner's representation dated 21.01.2021 expeditiously, within a period of six weeks from production of a certified copy of the order.

Ratio / Principle

The decision on the representation is to be made in accordance with law, keeping in view Clause 8.5 of the terms and conditions of the allotment.

Key takeaways

Till appropriate orders are passed on the representation as directed by the Court, the respondents shall not initiate any coercive methods to recover the outstanding amounts of sale consideration.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), WRIT - C No. 4642 of 2026, decided May 14, 2026 (Coram: Alok Mathur, J. and Amitabh Kumar Rai, J.). Petitioner was allotted shop No. 36 (12.14 sq. m., lower basement) by auction for Rs. 4,07,000/- in the RDA Complex, Indra Nagar Residential Scheme, Raebareli, constructed by opposite party Nos. 2 & 3; she deposited Rs. 1,01,750/- (25%) with the balance of Rs. 3,05,750/- payable in 60 installments over 5 years. On default, a recovery notice was issued on 26.12.2025; the petitioner declined to purchase and sought refund after lawful deductions, and gave a representation dated 21.01.2021 seeking surrender and cancellation of the allotment. Despite an order dated 02.05.2026 pressing for a one time settlement, the representation remained undecided. The Court disposed of the writ petition (opposite parties not opposing the prayer) by directing opposite party No. 2, Secretary, Raebareli Development Authority, to consider and decide the representation dated 21.01.2021 expeditiously, within six weeks of production of a certified copy of the order, in accordance with law and in view of Clause 8.5 of the terms and conditions of allotment, and directed that no coercive methods be initiated to recover the outstanding sale consideration till appropriate orders are passed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 4642 of 2026

Smt. Sushila Shukla

.....Petitioner(s)

Versus

Collector Distt. Raebareli And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) : Somesh Tripathi Counsel for Respondent(s) : C.S.C., Dharmendra Kumar Dixit

Court No. - 5

HON'BLE ALOK MATHUR, J. HON'BLE AMITABH KUMAR RAI, J.

Heard Sri Somesh Tripathi, learned counsel for the petitioner as well as learned Standing counsel for the State-respondent No. 1 and Sri Asit Chaturvedi, learned Senior Counsel assisted by Sri Chandan Misra, learned counsel for respondent Nos. 2 & 3.

It has been submitted by learned counsel for petitioner that the petitioner had applied for allotment of shops which were constructed by opposite party Nos. 2 & 3 in Indra Nagar Residential Scheme in a complex known as RDA Complex.

It is in the auction proceedings which were conducted, the petitioner was allotted shop No. 36 having an area of 12.14 sq. meter in the lower basement for a sum of Rs. 4,07,000/-. The petitioner had deposited 25% of the amount i.e. Rs. 1,01,750/- in the Treasury and the remaining Rs. 3,05,750/- shall be deposited in 60 installments for 5 years.

It seems that the petitioner was unable to deposit the subsequent installments and the opposite parties had sought to recover outstanding amount of sale considerations and a notice was given to the petitioner on 26.12.2025. The petitioner had responded to the said notice and further submits that he is not willing to purchase the said shop, the respondents should be directed to refund the amount of sale consideration after deducting the amounts in accordance with law.

Learned counsel for petitioner submits that it is in this regard he had

WRIC No. 4642 of 2026

2

given a representation on 21.01.2021 clearly expressing his intention of surrendering the said shop and requesting the opposite parties to cancel the same but the opposite parties instead have passed an order 02.05.2026 asking the petitioner to enter interim order a one time settlement with the respondent authority.

Learned counsel for petitioner submits that even till date the respondent dated 21.01.2021 has not been decided and accordingly the grievance of the petitioner shall be substantially redressed in case opposite parties are directed to decide the said representation.

Learned counsel for the opposite parties do not oppose the innocuous prayer made by learned counsel for the petitioner.

Accordingly, the writ petition is disposed of with a direction to opposite party No. 2 i.e. Secretary, Raebareli Development Authority, Jail Garden Road, Indira Nagar, Raebareli to consider and decide the the representation of the petitioner dated 21.01.2021 expeditiously , say, within a period of six weeks from the date a certified copy of this order is produced before him in accordance with law and also contain in Clause 8.5 of terms and condition of the allotment.

Needless to say that the respondent shall not initiate any coercive methods to recover the outstanding amounts of sale consideration till appropriate orders are passed as directed by this Court hereinabove.

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

May 14, 2026

Ravi/

Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench