Court No. - 40
Case :- WRIT - C No. - 36172 of 2018 Petitioner :- Hari Shankar Prasad Vishwakarma Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Gulrez Khan,Adil Jamal Counsel for Respondent :- C.S.C.,Anand Prakash Srivastava
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
The petitioner contends that the recovery which has been initiated against the petitioner is on the basis as if the petitioner continues to be an allottee and in possession of the property in dispute whereas according to him he has already surrendered the same and consequently no recovery of any amount due against the said plot which was alloted to him can be made.
From a perusal of the documents which have been brought on record, it appears that the petitioner had been served a notice on 3rd February, 1995 for removing constructions that had been raised without permission. Further, another letter addressed to one Sri Brijendra Kumar Singh has been brought on record as Annexure-11 to the writ petition which indicates that the plot continues under the ownership of U.P. Awas Vikas Parishad but no further action can be taken for its free hold rights unless the amount which is required and is due against the installments is deposited.
The note appended to the said letter a copy whereof has been sent to the petitioner also indicates that the petitioner can avail benefit of one time settlement remedy promulgated by the State Government.
In the background of the aforesaid and keeping in view of the provisions of clause 5 of the letter of allotment to the petitioner, we find that this being a question of fact whether the petitioner was in possession or not or continues to have any obligation under the said letter of allotment can be decided by the Housing Commissioner.
We, therefore, dispose of the writ petition with a direction to the Housing Commissioner of U.P. Awas Vikas Parishad to proceed to examine the claim of the petitioner and pass an appropriate order in accordance with law within a period of two weeks from the date of production of certified copy of this order before him. A copy be filed within three weeks from today.
Till such order is passed, no further coercive steps for recovery shall be taken against the petitioner.
Order Date :- 31.10.2018 Atmesh