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Neutral Citation No. - 2025:AHC:77499-DB Court No. - 21 Case :- WRIT - C No. - 4810 of 2025 Petitioner :- Suman Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- C.S.C.,Dhananjay Awasthi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner was leased out Plot No. B-23, Sector 22, by Gorakhpur Industrial Development Authority, vide lease deed dated 9.2.2017 (registered on 25.10.2017). According to the petitioner, she deposited Rs. 2,13,500/- through challan in favour of Gorakhpur Industrial Development Authority on 25.1.2018. It seems that on 9.11.2022, the allotment of the plot in favour of the petitioner was cancelled on account of non-payment of 25% of the premium amount and earnest money of Rs. 1,01,000/- was forfeited. The petitioner moved an application on 21.2.2023 before Chief Executive Officer, Gorakhpur Industrial Development Authority, Gorakhpur, stating that she had deposited Rs. 2,13,500/- in the past and the said amount has not been accounted for while passing the cancellation order. Thereupon, an enquiry was
directed.
2. Learned counsel for the petitioner has invited our attention towards certain endorsements on the note sheet of the Authority in contending that deposit of Rs. 2,13,500/- is duly admitted. He submits that even after confirmation of the said fact, the Authority has not reviewed its previous decision. He further submits that the petitioner has filed representations dated 11.11.2024 and 6.2.2025 before the Chief Executive Officer, Gorakhpur Industrial Development Authority, Gorakhpur for taking into account the
deposits made by the petitioner so far and also inform her about remaining amount, if any, so that she may deposit the same. It is urged that no action has been taken on the said representations so far. In the said backdrop, the petitioner has prayed for a writ of mandamus commanding the respondents to permit her to deposit the premium amount as per terms and conditions of registered lease deed dated 9.2.2017/25.10.2017 and not to allot the plot in question to any other person.
3. Sri A.P. Tiwari, learned counsel for the petitioner, submits that the respondent-Authority be directed to decide the representations of the petitioner dated 11.11.2024 and 6.2.2025, keeping in mind the fact that Rs. 2,13,500/- was duly deposited by the petitioner vide Challan No. 880 dated 25.1.2018.
4. Sri Dhananjay Awasthi, learned counsel for the respondent- Development Authority, has no objection to the same.
5. Accordingly, the petition is disposed of with direction to respondent no. 2 to pass a speaking order on the representations dated 11.11.2024 and 6.2.2025 (Annexure nos. 5 and 6) within six weeks from the date of communication of the instant order, along with photocopy of the representations. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 13.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad