Neutral Citation No. - 2025:AHC:18979-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.52) Court No. - 21 Case :- WRIT - C No. - 43194 of 2024 Petitioner :- Gyan Prakash Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- C.S.C.,Vineet Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the writ petition is to execute sale deed in favour of the petitioner and his brother in respect of House No. EWS-346, Awas Vikas Colony, Mahadev Jharkhandi Kudaghat, District Gorakhpur within a stipulated period. 2. It appears that the aforesaid flat was allotted to one Smt. Urmila Dubey mother of the petitioner. The said allotment was cancelled subsequently on the ground of default in payment of the allotment money. It further appears that on 30.06.1999, the Parishad raised a demand for regularization of the allotment. A reference has also been made to the letter of Deputy Housing Commissioner dated 12.10.2020 for obtaining consent from allottees for regularisation according to the then prevailing market value. 3. The case of the petitioner is that he has deposited the entire amount but still the Parishad is not executing the transfer deed. 4. It is not disputed that after the death of mother of the petitioner, the name of petitioner along with his brother was substituted in her place vide office order dated 25.10.2012. The petitioner has represented on 02.07.2024 to the Parishad to exeucte the transfer deed . 5. Sri Vineet Pandey, learned counsel appearing for the Parishad submits that according to his instructions, the petitioner has not deposited the requisite amount. He submits that liberty may be granted to the Parishad to pass a speaking order in relation to claim of the petitioner. 6. Since there is dispute between the parties as to how much amount was payable in case of restitution / regularization of the plot and whether the said amount has been paid or not therefore, we are of the opinion that the said question should should in the first instance be decided by respondent no.3. 7. Accordingly, the petition stands disposed of with direction to respondent no.3 to decide the representation dated 02.07.2024 in respect of the claim of the petitioner and his brother within eight weeks from the date of communication of the instant order. 8. It shall be open to the petitioner to supplement his representation and also to file evidence indicating the amount deposited under the allotment order. Order Date :- 10.2.2025 Ashish Pd. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad