MUNNI LAL YADAV v. STATE OF U.P. SECY. MINISTRY URBAN DEVELOPMENT LKO. AND 2 OTHERS
WRIC/1027/2025 · 2025-02-05
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120858 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120858 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7404-DB Court No. - 2 Case :- WRIT - C No. - 1027 of 2025 Petitioner :- Munni Lal Yadav Respondent :- State Of U.P. Secy. Ministry Urban Development Lko. And 2 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Power filed today by Shri Ajay Kumar Singh, Advocate on behalf of respondent No.2 and 3 is taken on record.
2. Heard.
3. The petitioner has filed this petition praying for allotment of a plot of land in this regard he has already deposited substantial amount as consideration with an alternative relief for the refund of the amount with 18% interest. The petition is based on
judgment dated 31.08.2004 passed by coordinate Bench of this Court in an earlier writ petition bearing Writ Petition No.3210/19982(M/B) (Munni Lal Yadav vs. State of U.P. and Others). However, learned Standing Counsel for the Lucknow Development Authority, Shri Ajay Kumar Singh invites our attention to an order dated 22.02.2012 by which the claim of the petitioner for allotment of a plot of land was declined after considering it in light of the judgment dated 31.08.2004 and the refund of money deposited by the petitioner was ordered/offered but the petitioner did not take the refund and the money is still lying with the Lucknow Development Authority. In these circumstances, he says that there is no question of payment of any interest to the petitioner. However, on perusal of said order dated 22.02.2012 we find a recital therein to the effect that the money deposited by the petitioner be returned back.
4. Learned Standing Counsel for Lucknow Development Authority has placed before us a letter dated 06.08.2024 of Vice Chairman, Lucknow Development Authority addressed to the Standing Counsel for Lucknow Development Authority wherein
inter alia it has been stated that a cheque amounting to Rs.32800/- was given to the petitioner by way of refund of his money but the same was not accepted and accordingly, it was deposited in the accounts department. The letter dated 06.08.2024 is taken on record.
5. Be that as it may, let a reasoned order be passed by the Vice Chairman, Lucknow Development Authority as to when if at all, the money deposited by the petitioner was attempted to be refunded to him which as claimed was not received by him, giving all details and proof in support thereof. As it is the admitted fact that the principal amount deposited by the petitioner has not been refunded or received back by the petitioner, therefore, that amount should be given to the petitioner within one week. As regard the interest claimed, a reasoned order should be passed as aforesaid as to why the petitioner is not entitled to interest thereon or if entitled, to pay the same. The petitioner is granted liberty to move an application raising a claim of interest before the Vice Chairman, Lucknow Development Authority who shall decide it as aforesaid but with expedition say within six weeks of its receipt.
6. The writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.]
Order Date :- 5.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench