Court No. - 21
Case :- WRIT - C No. - 29439 of 2018 Petitioner :- Dilip Kumar Gupta Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- C.S.C.,Padmaker Pandey,Pradeep Kumar Tripathi
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has preferred this writ petition for issuance of the direction to the fourth respondent to give the possession to a plot, which is said to be allotted to him by the Kanpur Development Authority or to allot him alternate plot.
It is stated that the petitioner had made an application for the allotment of a plot. The third respondent, Kanpur Development Authority allotted him a plot no.38 situated in Purana Kanpur (West), Kanpur Nagar vide order dated 19.10.2008. After the said allotment the petitioner claims that he had deposited the whole amount and all the requisite charges. On 30.5.2011 the Kanpur Development Authority has executed the free hold deed in favour of the petitioner. A copy thereof is in the record.
The grievance of the petitioner is that due to sudden illness he could not pursue the matter further and inspite of his repeated request the possession could not be given to the petitioner. In the year 2014 the Kanpur Development Authority informed the petitioner regarding the pendency of civil suit in respect of the same property. This fact was not disclosed to the petitioner by the Kanpur Development Authority prior to the deposit of the amount. When the petitioner came to know regarding the pendency of the civil suit in respect of the same property he moved an application that he may be allotted an alternative plot. A copy of the said representation is on the record as annexure 3 to the writ petition.
We have heard learned counsel for the petitioner and Sri V. K. Srivastava, learned counsel, who appears for the respondent nos.2 and 3 and the learned Standing Counsel for the State.
Having due regards to the facts of the case, we are of the view that the ends of justice would be met by issuing a direction upon respondent no.2 to consider the cause of the petitioner and pass the appropriate and reasoned order on his application dated 2.2.2018 expeditiously preferably within three months from the date of communication of this order.
With the aforesaid observations, the writ petition is disposed of.
We make it clear that we have not expressed our opinion on the merits of the case and the authority concerned shall pass the order independently in accordance with law.
Order Date :- 28.11.2018 Pramod Tripathi