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2025 DAILYLAW 47938 (ALL)

SMT. SAVITA DEVI @ SAMITA DEVI v. STATE OF U.P. AND 2 OTHERS

WRIC/13202/2025 · 2025-05-05

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72566-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.316) Court No. - 21 Case :- WRIT - C No. - 13202 of 2025 Petitioner :- Smt. Savita Devi @ Samita Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Chand Saroj Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has prayed for a writ of mandamus commanding respondents no.2 to handover possession of the land to the petitioner as per letter of allotment dated 03.07.2023 regarding Plot No. N-127 area 1570 Sq. Mtr., Village- Sakirpur. 2. On 30.04.2025, the following order was passed: "1. The petitioner was entitled to allotment of 10% developed land in view of the order dated 18.01.2012 passed in Writ Petition (C) No. 3290 of 2012. It seems that the respondent-Authority allotted an area of 1570 square meters of Plot No. N-127, village Sakirpur. It further appears from a communication dated 11.03.2025 by the respondent, Greater Noida Authority, to the petitioner that the said plot is under encroachment and the Authority is not in a position to deliver possession of the same to the petitioner. It is stated that the petitioner will be allotted some other plot. 2. It is inexplicable as to why in the first instance, the respondent-Authority allotted a plot to the petitioner which was under encroachment. 3. We require the respondent, Development Authority, to come up with offer of alternate plot to the petitioner within forty eight hours and place the said offer on record by means of an affidavit of a responsible officer. 4. List as fresh on 5 May 2025." 3. In compliance of the aforesaid order, the respondent Development Authority filed an affidavit stating that the petitioner has been allotted another Plot No. N-128 admeasuring 1570 Sq. Mtr. Sector-Zeta-1 (Sakipur), Gautam Buddh Nagar, in substitution of the earlier allotment. 4. Another affidavit has been filed today annexing therewith a checklist addressed to the petitioner requiring her to should get a lease deed executed within thirty days after submitting/complying with the requirements stipulated therein. Another interdepartmental communication dated 05.05.2025 has been annexed to indicate that the lease plan has been prepared. The lease plan annexed with the said letter indicates that the development work is still in progress and the lease area may also vary. 5. Sri M.C. Chaturvedi, learned Senior Counsel assisted by Ms. Anjali Upadhya appearing for the respondent Development states that the entire development work would be completed within one month and the respondent Development Authority will also ensure delivery of actual physical possession of the plot in question to the petitioner as soon as the petitioner completes the formalities required by the checklist. 6. Having regard to the aforesaid stand of the respondent Authority the petition is disposed of by providing that the respondent Development Authority will abide by the stand taken and do needful in the matter within one month. Order Date :- 6.5.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad