Hon'ble Dinesh Kumar Singh,J.
Heard Mr. Rohit Tripathi, learned counsel for the petitioner, learned Standing Counsel on behalf of the State Authorities as well as Mr. Puneet Chandra, learned counsel appearing on behalf of U.P. Awas Evam Vikas Parishad and gone through the records.
The instant writ petition has been filed challenging the impugned order dated 13.08.2021, passed by opposite party no.4 as contained in Annexure-1 to the writ petition whereby the opposite parties have ordered for sealing of the property as well as the order dated 13.08.2021 as contained in Annexure-2 to the writ petition, whereby the application for OTS has been rejected. The petitioner has also challenged the order dated 3.11.2019, whereby the petitioner's allotment is said to have been cancelled.
Learned counsel for the petitioner submits that the cancellation order was never served on the petitioner. In the impugned order rejecting the OTS application, it is mentioned that the allotment has been cancelled vide order dated 3.11.2019. It is also submitted that the petitioner is ready to pay the entire outstanding amount, however, the opposite parties may consider the re-allotment of the property in question in favour of the petitioner and open the sealing of the property in question.
Mr. Puneet Chandra, learned counsel for U.P. Awas Evam Vikas Parishad, on the basis of instructions, on the other hand, submits that earlier the petitioner had filed Writ Petition No.27474 (MB) of 2017. The Court vide order dated 9.5.2018 was pleased to provide that the petitioner has handed over a bankers cheque of Rs.75,483/- drawn in favour of Awas Evam Vikas Parishad, dated 5.5.2018, in addition to Rs.20,00,000/-. The Awas Evam Vikas Parishad would now be free to deposit the said bankers cheque and get the amount encashed. It is also provided that the petitioner has stated that the he would continue to deposit the remaining installments as per the schedule fixed by the order dated 27.11.2018. The Court has further provided that any further default will dis-entitle the petitioner from approaching this Court for any indulgence.
It is the case of the petitioner that due to unavoidable circumstances, present Covid-19 pandemic and demonetization the petitioner could not pay the installments and, as such, the opposite parties have proceeded to seal the property.
Mr. Puneet Chandra, learned counsel appearing on behalf of U.P. Awas Evam Vikas Parishad submits that the sealing has been imposed due to unauthorized construction raised by the petitioner.
It is stated by Mr. Rohit Tripathi, learned counsel for the petitioner that the petitioner would pay the entire outstanding amount of Rs.2,15,08,283.50 in addition to any other charges within one week from today and the opposite parties may not proceed to recover the impugned amount and auction the property in question.
Considering the submissions made by Mr. Rohit Tripathi, learned counsel for the petitioner as well as Mr. Puneet Chandra, learned counsel for the U.P. Awas Evam Vikas Parishad, we hereby dispose of the writ petition with direction to the petitioner to pay the entire outstanding amount within one week from today. After depositing the entire outstanding amount the opposite parties shall consider the re-allotment of the property in question in favour of the petitioner, however, in case the petitioner fails to deposit the said amount within the time prescribed, the opposite parties would be free to take the possession of the property and put it to auction.
Order Date :- 26.8.2021 Ram.