Neutral Citation No. - 2025:AHC:86638-DB Court No. - 21 Case :- WRIT - C No. - 10283 of 2025 Petitioner :- M/S Tgb Realty Private Limited Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Atipriya Gautam,Ishir Sripat,Sr. Advocate Counsel for Respondent :- C.S.C.,Nipun Singh,Raghuvansh Misra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. By impugned notice dated 11.03.2025, the Executive Engineer, U.P. Awas Evam Vikas Parishad has called upon the petitioner to hand over possession of Group Housing Plot No.3/GH-05 to the Parishad within three working days failing which, it would be taken by the Parishad itself. The notice states that the aforesaid plot was allotted to the petitioner and despite its possession having been handed over to the petitioner, the petitioner has not deposited the premium amount and, consequently, the allotment was cancelled on 19.02.2025. The petitioner has also prayed for quashment of the cancellation order dated 19.02.2025. 2. The case of the petitioner is that the Parishad did not carry out the development of the area and also that the Nagar Nigam, Ghaziabad had been using the said plot as a dumping ground. The petitioner was compelled to file complaint before NGT and the NGT imposed fine upon Nagar Nigam, Ghaziabad. It is urged that in such circumstances, the petitioner is not liable to pay any penal interest and other charges being demanded by the Parishad from the petitioner. In an arbitrary manner, the Parishad without any proper notice and opportunity of hearing to the petitioner, has threatened to take possession. 3. Shri Rahul Sripat, learned senior counsel appearing on behalf of the petitioner admits that the petitioner has not deposited the amount due in terms of the allotment order but his submission is that because the petitioner was prevented from developing the plot on account of the same being used as garbage ground by Nagar Nigam, therefore, the respondents should sympathetically consider the prayer of the petitioner for waiving penal interest and other charges. He submits that the petitioner has filed a detailed representation before the parishad on 01.04.2025 wherein all the pleas have been taken and the Parishad be directed to decide the same. 4. Learned counsel for the Parishad very fairly states that the Parishad will decide the representation. 5. Having regard to the entire facts, we are of the opinion that the representation of the petitioner deserves to be considered by the Housing Commissioner, U.P. Awas Evam Vikas Parishad i.e., respondent no.4 after opportunity of hearing to the petitioner. At the same time, while we decline to interfere with the order cancelling the allotment and express no opinion with regard to its legality and validity, the order dated 11.03.2025 directing the petitioner to hand over possession is hereby quashed so that the representation filed by the petitioner is considered before any further action is taken in the matter. 6. The writ petition is accordingly disposed of with direction to respondent no.4 to decide the representation of the petitioner dated 01.04.2025 by a speaking order within four weeks from the date of communication of the instant order. Any further action by the Authority would abide by the decision that would be taken by it on the representation of the petitioner. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 22.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad