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2025 DAILYLAW 69767 (ALL)

SHIV KUMAR GUPTA v. STATE OF U.P. AND 3 OTHERS

WRIC/20576/2025 · 2025-07-16

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116334-DB Court No. - 29 Case :- WRIT - C No. - 20576 of 2025 Petitioner :- Shiv Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishnu Swaroop Srivastava Counsel for Respondent :- Ashok Kumar,C.S.C.,K.R. Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Vishnu Swaroop Srivastava, learned counsel for the petitioner, Sri K.R. Singh, learned counsel appearing for the respondent nos.2 to 4 and Sri F.A. Ansari, learned Standing Counsel appearing for the respondent no.1. 2. The instant writ petition is preferred under Article 226 of Constitution of India, inter alia, for the following reliefs:- " issue a writ of certiorari quashing the letter dated 21-01-2025 issued by Secretary, Gorakhpur Development Authority, Gorakhpur and also quashed the order dated 17- 01-2025, cancelling the allotment of shop no.7 Indra Bal Bihar Golghar, Gorakhpur as contained in letter dated 21-01-2025." 3. The petitioner claims that his wife, Late Smt. Asha Rani, got an allotment by the Gorakhpur Development Authority on a lease rent. A categorical averment is made in the writ petition wherein it is claimed that in lieu of the allotment letter, she had deposited the principal amount, and from time to time, lease rent had also been paid. He submits that in case some outstanding amount is due, in spite of repeated requests, till date the respondent authority has not furnished the details, and in case the correct calculation is made, the petitioner is ready to clear the outstanding amount. 4. Per contra, Sri K.R. Singh, learned counsel for the G.D.A., opposed the writ petition and states that the petitioner has not invoked the writ jurisdiction with clean hands. From time to time, notices were issued to the petitioner, as many as nine notices, but till date the petitioner has not deposited the requisite amount. He fairly states that if the petitioner makes a detailed representation with requisite receipts and other details, the authority will definitely revisit the matter and pass an appropriate order in accordance with law. 5. Considering the factual situation, as the 10x10 square meter shop was allotted to the petitioner's wife and the petitioner has moved an application for mutation of his name in place of his wife, if the petitioner approaches the Secretary, Gorakhpur Development Authority, Gorakhpur within a week's time, we expect the authority would process the said representation in accordance with law. 6. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 17.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad