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2025 DAILYLAW 78783 (ALL)

BHARTI HOLKAR v. STATE OF U.P. AND 5 OTHERS

WRIC/24175/2025 · 2025-07-24

Arun Kumar Singh Deshwal, Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122663-DB Court No. - 40 Case :- WRIT - C No. - 24175 of 2025 Petitioner :- Bharti Holkar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satya Bhushan Singh,Satya Priya Mishra Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner, Sri Vineet Pandey, learned counsel for respondent nos.2, 3, 4 and 5 and learned Standing Counsel for the State. 2. Present petition has been filed for the following relief: “i) issue a writ, order or direction in the nature of certiorari quashing the impugned Cancellation order nо.1893/D/Sampatti/2024 dated 10.03.2025 issued by respondent no.4 and impugned allotment letter no.1243/D/Sampatti/2025 dated 19.06.2025 issued by respondent no.5 (Annexure No.1 & 2 to the writ petition) ii) issue a writ, order or direction in the nature of mandamus directing the respondents to provide the Plot No.B-102 area 90 sq. Meter situated at Shastripuram Yojna, Sector-C-1, Type-B in lieu of Plot No.171 area 90 square meter situated at Shastripuram Yojna, Sector-C-1, B-Type as per letter no.516 dated 25.06.2025 issued by respondents.” 3. The petitioner was allotted a plot pursuant to an e-auction notice dated 29.07.2023. However, the petitioner could not comply with the conditions of the allotment and therefore his allotment was cancelled and the earnest money was forfeited. The plot which was allotted to the petitioner was re- auctioned and was thereafter, allotted to one Sri Ayush Bansal i.e. respondent no.6. 4. The respondents-Development Authority issued a letter dated 25.06.2025 to the petitioner informing him that another plot Type-B, Bhukhand No.B-102 in Shastripuram Yojana, Sector C-1, is available and if the petitioner is willing that plot can be allotted to the petitioner at the rate given in the earlier allotment letter no.366/D/Estate/2023 dated 18.09.2023. 5. Learned counsel for the petitioner contends that the petitioner is ready and willing to purchase the aforesaid plot no.B-102 at the rate prescribed in the letter dated 18.09.2023. 6. Sri Vineet Pandey, learned counsel for the respondent- development authority submits that the respondent- development authority has no objection since it has indicated in the letter dated 25.06.2025 for allotment of the plot no.B- 102 at the rate prescribed in the letter dated 18.09.2023. Therefore, the respondent-authority shall give the said plot on the said rate, provided the petitioner complies with the terms and condition of the allotment. 7. Accordingly, the writ petition is disposed of permitting the petitioner to approach the respondent-development authority along with the necessary documents for allotment of the plot and if the petitioner complies with the terms and conditions of the allotment, the respondent-development authority shall allot the plot referred to in letter dated 25.06.2025 to the petitioner, within a period of two months from today. Order Date :- 25.7.2025 S.Chaurasia (Arun Kumar Singh Deshwal, J.) (Saral Srivastava,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad