HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35563 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri A.P. Tiwari, learned counsel for the petitioner, Sri Akhileshwar Singh, learned A.C.S.C. and Sri Sayujya Singh, learned counsel for respondent nos.2, 3 and 4. 2. The instant writ petition has been preferred praying inter alia for the following relief: " (i) issue a writ, order or direction in the nature of mandamus commanding the respondents especially the respondent no.2 to ensure the execution of Registered Sale Deed in favor of the petitioner pertaining to Commercial Plot No.A Area 300 Sq. Meter in Buddh Vihar Part-A Housing Scheme, Gorakhpur on account of order of allotment of aforesaid plot in of petitioner vide order dated 10.06.2015 and deposit of entire required Allahabunt with the Development Authority by the petitioner within stipulated period as early as possible within short span of time". 3. Learned counsel for the petitioner, in support of his submission, states that the respondent had allotted commercial Plot No.A area 300 sq. meter under the Buddh Vihar Par-A Housing Scheme, Gorakhpur and the petitioner had deposited the initial registration fee of Rs.2.8 lacs to a treasury challan no.16 dated 04.10.2014 along with the notary affidavit appending therein on 07.10.2014. 4. Learned counsel for the petitioner next submits that on the basis of averment contained in the writ petition, has tried to impress the Court that on account of allotment letter, he had deposited the requisite amount as per Schedule given by the respondent-Authority but till date, sale deed has not been executed by the Gorakhpur Versus Counsel for Petitioner(s) : Adya Prasad Tewari Counsel for Respondent(s) : C.S.C., Sayujya Singh Chandra Bali Yadav .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) Development Authority(for short "G.D.A."). In such situation, the petitioner is compelled to invoke the writ jurisdiction. 5. Per contra, Sri Sayujya Singh, learned counsel for respondent nos.2, 3 and 4 submits that on the adjacent land having nearly 38.74 sq. meter, no separate plot could be carved out and the offer was made to the petitioner to pay the amount of 10% at the time of allotment. The land having 30 sq. meters was offered at the previous rate(at the initial allotment of a plot) and remaining land of 8.74 sq. meters had been offered at the current rate. He submits that in case, the petitioner deposits the requisite amount, definitely the Authority would take a final decision in accordance with law. This offer was made in the year 2022, as such, the interest would also be admissible as per terms and conditions of the allotment. 6. In the aforementioned facts and circumstances of the case as has been apprised by learned counsel for the G.D.A., the offer has been accepted by the learned counsel for the petitioner on the instructions and submits that the petitioner is also inclined to deposit the amount as has been mentioned by the G.D.A. and he prays that a direction be issued to respondent-Vice Chairman, G.D.A. to ensure the execution of the sale deed. 7. Considering the factual situation, we are not inclined to invite any counter affidavit, as such this petition stands disposed of with the liberty that in case, the petitioner files a detailed representation within a period of one week before the Vice Chairman, G.D.A., thereafter, in one week demand would be apprised to the petitioner and thereafter, he would be at liberty to deposit the same within three weeks', failing which, the Authority would be at liberty to proceed in accordance with law. Needless to say that after aforesaid exercise, sale deed must be executed in favour of the petitioner. It is also expected from the Authority to make spot inspection and carry out actual demarcation before handing over the possession to the petitioner. October 10, 2025 Sumit S WRIC No. 35563 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad