Neutral Citation No. - 2025:AHC:128931-DB Court No. - 29 Case :- WRIT - C No. - 12832 of 2025 Petitioner :- Deba Prasad Moitra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Mishra Counsel for Respondent :- Pradeep Kumar Tripathi,Anand Prakash Paul,C.S.C.,Mohd. Afzal Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, Shri Pradeep Kumar Tripathi, learned counsel for Kanpur Development Authority, learned Standing Counsel for the State respondents and Mr. Mohd. Afzal, learned counsel for respondent no.3. 2. The instant writ petition has been preferred inter-alia with following reliefs:- "(I) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 11.02.2021 passed by the Member, Uttar Pradesh Real Estate Regulatory Authority, Lucknow. (II) Issue a writ, order or direction in the nature of mandamus directing the respondent authority to handover the occupancy of the said Flat No.A7/5 Aman Enclave along with specification and inspection report of I.I.T. Kanpur. (III) Issue a writ, order or direction in the nature of mandamus directing the respondents that testing should be done by Civil Engineering Department, I.I.T. Kanpur that construction has been done in accordance to the specification. (IV) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the damages and interest as per rule, in accordance with law." 3. Shri S.K. Mishra, learned counsel for the petitioners states that petitioner no.1 is Ex-Army personnel and shown his valour in the Kargil War and now he is running from pillar to post to get the possession of the A7/5 Aman Enclave, Shatabdi Nagar, Kanpur Nagar, which was allotted to him vide allotment order dated 22.06.2017. On instructions, he submits that at present the petitioners are not pressing the first relief, as they are only inclined to get their money refunded along with interest. He confines his prayer that leave may be accorded to the the petitioners to move an appropriate application with a request to surrender the allotment of A7/5 Aman Enclave, Shatabdi Nagar, Kanpur Nagar and in pursuance thereof, the respondents may be directed to consider the request of petitioners and return the principal amount along with interest. 4. Learned counsel for the respondents have not objected the said request and submits that in case an appropriate application is moved, the same would be dealt with in accordance with law. 5. Considering the factual situation, no useful purpose would be served in keeping the writ petition pending consideration. As the petitioners are voluntarily inclined to move an application surrendering their allotment over the flat in question, which is not opposed by counsel for the respondents, in case an appropriate application is moved by the petitioners within two weeks before the Secretary, Kanpur Development Authority, Kanpur Nagar qua surrender of the flat in question, we hope and trust that the same shall be considered and grievance of the petitioners must be redressed, in accordance with law, within three weeks thereafter. 6. The writ petition is disposed of. Order Date :- 1.8.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad