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2025 DAILYLAW 94003 (ALL)

NEERAJ JAIN AND 3 OTHERS v. STATE OF UP AND 3 OTHERS

WRIC/31548/2025 · 2025-09-09

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31548 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Sri Rama Nand Gupta, Advocate has filed Vakalatnama on behalf of respondent nos.3 & 4 today which is taken on record. 2. Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 & 2 and Sri Rama Nand Gupta, learned counsel for respondent nos.3 & 4. 3. The petitioners by means of the present writ petition have prayed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus directing the respondents to refund the amount deposited by the petitioners for shops in question alongwith interest. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3/4 to decide the representation of the petitioners. iii. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case. iv. To award the cost of the writ petition." 4. The petitioners have already approached this Court by filing Writ-C No.35011 of 2022 which was disposed off by this Court by judgement and order dated 09.01.2023 wherein this Court has issued following direction:- "After completion of the allotment proceedings, in case, the petitioners herein fail to get allotment of the shops in question, the deposits made by them shall be refunded Versus Counsel for Petitioner(s) : Rajendra Kumar Pandey, Smt. Kirti Pandey Counsel for Respondent(s) : C.S.C., Sunil Kumar Neeraj Jain And 3 Others .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) with interest at the bank rate, in an expeditious manner." 5. Learned counsel for the petitioners submits that petitioners do not want to participate in the auction proceedings, and therefore, in compliance of the judgement of this Court dated 09.01.2023, the petitioners are entitled to be refunded the money with interest at the bank rate as directed by this Court in Writ-C No.35011 of 2022. 6. Be that as it may, there is already a direction issued in favour of the petitioners whereby this Court has directed the respondents to refund the money of the petitioners alongwith interest at the bank rate. 7. In such view of the fact, the writ petition is not maintainable as the petitioners can avail alternative remedy available under the law for compliance of the order of this Court passed in Writ-C No.35011 of 2022. 8. Accordingly, writ petition is dismissed with the aforesaid liberty. September 10, 2025 Sattyarth WRIC No. 31548 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad