KANCHAN MISHRA v. STATE OF UTTAR PRADESH AND 2 OTHERS
WRIC/8705/2025 · 2025-04-21
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32955 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:60417-DB Court No. - 21 Case :- WRIT - C No. - 8705 of 2025 Petitioner :- Kanchan Mishra Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- Anand Prakash Paul,C.S.C.,Pawan Kumar Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The following prayers have been made in the writ petition :
"a. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.01.2025 passed by respondent no.2 whereby respondent no.2 decided the application dated 28.11.2020 of petitioner and rejected the request of petitioner to change her plot with any other available plot. b. Issue a writ, order or direction in the nature of mandamus commanding upon the respondnet no.2 to change the plot of petitioner with some other plot of similar area available in Devprayagam Awas Yojna."
2. On 10.04.2025, the following order was passed :
"1. The case of the petitioner is that she was allotted Plot No. 801 in Phase-2 of Devprayagram Awasiya Yogna measuring 40 Sq. Mtrs. on 21.08.2002 and she deposited the entire premium i.e., Rs. 40,000/-. The respondent Authority has failed to deliver the possession of the same to the petitioner and her representation has been rejected observing that the possession of the same is not with the Authority. It has also been observed that no other plot is at present available as the Authority does not have land bank and at present no new scheme is under implementation. 2. Learned counsel for the petitioner submits that under RTI the respondents themselves have informed that 110 plots are available. 3. Sri A.P. Paul, learned counsel for the Development Authority states that development work is in progress over the said plot and therefore, the same are not available as of day. 4. Learned counsel for the Development Authority prays for a week's time to seek further instructions from the Authority so that the grievance of the petitioner is addressed. 5. Accordingly, adjourned for a week. Put up this matter as fresh on 22.04.2025. 6. In the meantime, counsel for the Development Authority will complete his instructions and will apprise the Court as to whether Development Authority is ready to allot any alternative plot to the petitioner or not. "
3.
Sri A.P. Paul, learned counsel for the respondent Development Authority on the basis of written instructions submits that the development authority is taking steps to identify an alternative plot for allotment to the petitioner and it will take about one month time. 4. In view of the said stand, the present writ petition is disposed of by providing that the Respondent Development Authority shall provide alternative plot to the petitioner measuring around 40 sq. metres and in case there is slight variation in area, the difference in the value will be accounted for. 5. The petition stands disposed of. Order Date :- 22.4.2025 Priya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad