Neutral Citation No. - 2025:AHC:90770-DB Court No. - 3 Case :- WRIT - C No. - 17182 of 2025 Petitioner :- Sanjeev Mishra Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard the counsel for the petitioner. The present petition has been filed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus by directing to the respondent no. 2 to adjust the excess amount deposited by the petitioner in lieu of plot No.42 (M.I.G) Area 200.46 square meter situated at Panki Kalyanpur Road Kanpur Nagar under Nagar Nigam enclave housing scheme and allot 1 plot out of 5 plot which are still vacant." The facts as stated in the writ petition are that the petitioner was initially allotted Plot No. 42 with an area of 202.46 sq. meters in 2004 and the petitioner deposited the requisite amounts. It appears from the records annexed with the petition that the amount deposited by the petitioner was the cost price of 202.46 sq. meters. However, subsequently after the lay out plan of the colony was approved by the Kanpur Development Authority, the area of the plot was reduced and the petitioner was allotted only 101.25 sq. meters, i.e., the area of Plot No. 42 of which the petitioner has been given possession is only 101.25 sq. meters and not 202.46 sq. meters. The petitioner claims that he is entitled to one more plot in lieu of the total amount deposited by him for Plot No. 42 as the amount deposited by him was the cost price of 202.46 sq. meters. The said claim of the petitioner has been rejected by the Municipal Commissioner, Kanpur Nagar Nigam who has also directed the refund of the difference in the amount, i.e., the difference in the cost price of 202.46 sq. meters of land and 101.25 sq. meters of land. It has been held by the Municipal Commissioner in his order dated 19.1.2023 and subsequently in different communications between the petitioner and the competent authorities of the Nagar Nigam that another plot cannot be allotted to the petitioner as any such allotment would be contrary to rules and the petitioner has been offered the refund of the difference in the amount. We do not find any illegality in the different orders passed by the Municipal Commissioner and other officers of the Nagar Nigam, Kanpur. In view of the aforesaid, the prayer of the petitioner for allotment of one other plot is rejected. However, in case, the petitioner submits the requisite documents as noted in the order dated 9.1.2025 passed by the In-charge Estate Officer, Nagar Nigam, Kanpur within one week from today, the difference in amount shall be refunded to the petitioner within fifteen days thereafter. With the aforesaid directions, the writ petition is disposed of. Order Date :- 27.5.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad