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2025 DAILYLAW 181898 (ALL)

MANGALA PRASAD MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING U.P. LKO. AND 2 OTHERS

/12157/2025 · 2025-12-15

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12157 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. This writ petition has been filed with the following prayer :- To issue a writ order or direction in the nature of mandamus to opposite parties to deliver the 1BHK-A Flat No.8/A1-12A-21, under Gomati Enclave of Avadh Vihar Yojana of Uttar Pradesh Awas and Vikas Parishad to the petitioner in the interest of justice. It is the case of the petitioner that his father was allotted a one BHK Type A flat by Awas and Vikas Parishad in Gomati Enclave of Avadh Vihar Yojana, Uttar Pradesh. His father deposited a sum of Rs. 25,420/- on 10.03.2016, and subsequent to the death of the petitioner's father, the Estate Manager informed that mutation of the petitioner in place of his father would be carried out. Objections were invited. The petitioner's father died on 29.07.2017. The petitioner made an application for mutation. A copy of the letter dated 31.01.2019, issued by the Estate Manager of Awas and Vikas Parishad informing the petitioner that his name has now been mutated, has been filed as an annexure to the writ petition. The petitioner has repeatedly written letters to Awas and Vikas Parishad, but he has not been given possession of the flat after execution of the sale deed. After the death of the petitioner's father, the petitioner has paid Rs.36,000 to Awas and Vikas Parishad. A total sum of Rs. 2,53,379 has been deposited till date. Hence, this writ petition has been filed Versus Counsel for Petitioner(s) : Vishva Nath Pratap Singh, Dhananjay Singh Counsel for Respondent(s) : C.S.C., Puneet Chandra Mangala Prasad Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Housing And Urban Planning U.P. Lko. And 2 Others .....Respondent(s) with the aforesaid prayer. Sri Puneet Chandra, learned counsel for Awas and Vikas Parishad, on the basis of instructions, says that till date, formalities regarding mutation of the petitioner's name in place of his father as allottee of the flat have not taken place because the formalities have not been completed by the petitioner. After fulfilment of the formalities, the petitioner shall be allowed to deposit the monthly instalments along with interest, if any. The instructions are taken on record. Since the petitioner has not completed the formalities for the mutation to be made in his favour, this writ petition is disposed of with a direction to the petitioner to approach the Estate Manager, Awas and Vikas Parishad, for completion of formalities. December 15, 2025 Ashish Dewal WRIC No. 12157 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench