Neutral Citation No. - 2025:AHC:115762-DB Court No. - 29 Case :- WRIT - C No. - 31642 of 2014 Petitioner :- Rajeshwari Pandey & 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Shekhar Agnihotri,Saurabh Srivastava Counsel for Respondent :- Avanish Mishra,Pradeep Kumar Tripathi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. In Re: Civil Misc. Substitution Application No. 10/2020 1. Heard Shri C.S. Agnihotri, learned counsel for the petitioners, Shri Pradeep Kumar Tripathi, learned counsel appearing on behalf of the Development Authority and the learned Standing Counsel for the State-respondent. 2. The substitution application has been filed seeking to add the words "since deceased" to the name of petitioner no. 1-Rajeshwari Pandey, who passed away on 29.12.2019. 3. The application is allowed. 4. Let the necessary correction be carried out during the course of the day. In Re: Memo of Petition 5. The present writ petition has been instituted assailing the impugned order dated 11.04.2014 passed by respondent no. 3, the Deputy Secretary, Zone-IV, Kanpur Nagar. The petitioners also seek a direction to summon the entire record pertaining to the allotment proceedings of Plot No. 894, Block Y-1, situated at Kidwai Nagar, Kanpur Nagar, which was originally allotted to the late Keshari Prasad Pandey. Additionally, a prayer has been made for issuance of a mandamus to the Vice-Chairman, Kanpur Development Authority, Kanpur Nagar, to allot an alternative plot forthwith in view of the letter dated 01.07.2000, and at the prevailing circle rates as applicable on the original date of allotment, i.e., 08.11.1985. 6. The brief facts of the case are that the petitioners are the legal heirs of deceased Keshari Prasad Pandey, who was allotted a residential plot by the Kanpur Development Authority in the year 1985. Pursuant to the said allotment, a formal lease deed was executed in the year 2000. However, the Development Authority informed the allottee that due to an ongoing dispute over the said plot, physical possession could not be handed over. In lieu thereof, the Authority proposed that an alternative plot under another scheme be considered. 7. Upon the demise of Keshari Prasad Pandey, the petitioners, being his legal heirs, were called upon to deposit a sum of Rs. 21,000/- towards mutation charges for substitution of their names in place of the deceased allottee, which they complied with. Despite fulfilling this condition, no alternative allotment was made. The matter remained unresolved and culminated in the impugned order dated 11.04.2014, whereby the petitioners' request was rejected on the premise that the claim stood barred in view of the decision in Writ Petition No. 49205 of 2009, which held that revival of stale claims, cannot be entertained. 8. Learned counsel for the petitioners has invited the attention of this Court to the interim order dated 30.05.2014 passed by a Division Bench, wherein the Kanpur Development Authority was directed to file a counter affidavit clarifying the reasons for retaining the entire amount deposited by the petitioners, despite no plot having been allotted in their favour. The Authority was further directed to show cause as to why the said amount ought not to be refunded to the petitioners along with interest at the prevailing market rate. 9. In compliance with the said direction, the Development Authority filed its counter affidavit on 18.02.2020, wherein it was categorically stated that the principal amount, along with the accrued interest, had already been refunded to the petitioners on 18.01.2018. A copy of the receipt acknowledging the said refund has also been brought on record. 10. Upon perusal of the record and considering the submissions made, it is apparent that the petitioners failed to pursue their claim with due diligence. In the present case, as the monetary claim has already been settled with the refund of the principal amount along with interest as early as 18.01.2018, no further indulgence can be granted at this belated stage. 11. In view of the above, the writ petition is liable to be, and is hereby, dismissed on the ground of delay and laches. Order Date :- 15.7.2025 Shafique Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad