Court No. - 39
Case :- WRIT - C No. - 56749 of 2017 Petitioner :- Inamullah Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sugendra Kumar Yadav Counsel for Respondent :- C.S.C.,Anand Prakash Srivastava
Hon'ble Dilip Gupta,J.
Hon'ble Jayant Banerji,J.
(Delivered by Hon' ble Jayant Banerji, J) This petition has been filed challenging an order dated 1 August 2017, passed by the Executive Engineer of the U.P. Awas Evam Vikas Parishad1 directing the petitioner to hand over possession of House No. L-606 to the Junior Engineer of the Parishad within seven days of the receipt of the notice. This notice also mentions that the allotment and registration of the said House No. L-606 allotted in favour of the petitioner had been cancelled by means of a letter of the Parishad dated 12 March 2007.
It has been stated by the petitioner that he was allotted the aforesaid house by means of allotment letter dated 3 February 1990 by the Parishad, the price of the house was mentioned in the allotment letter as Rs. 78,445.30 which was to be deposited in 240 monthly installments with 12.5% interest per annum. It appears that due to default of the petitioner in compliance with the agreement, the allotment and registration of the aforesaid house was cancelled in the year 2007. On 12 January 2016, a recovery certificate was issued by the Housing Commissioner for recovery of the housing cost Rs. 1,70,796/- along with penal interest of Rs. 4,12,433/. The petitioner had challenged the said recovery certificate dated 12 January 2016 by means of 1 Parishad Writ-C No. 25632 of 2016 and this Court by an interim order dated 27 May 2016 stayed the recovery of penal interest of Rs. 4,12,433/ and directed the petitioner to deposit the amount of Rs. 1,70,796/ in four equal quarterly instalment. However, by means of an order dated 30 September 2016, the writ petition was dismissed. It has been stated that in compliance of the order of this Court dated 27 May 2016, the petitioner has deposited a sum of Rs. 1,70,796/. However, a fresh demand notice dated 17 May 2017 demanding a sum of Rs. 4,43,905/ was issued by the Estate Manager of the Parishad. Thereafter by means of a letter dated 1 August 2017, the petitioner has been directed to handover the physical possession of the house in question.
The allotment and registration of the house of the petitioner was cancelled way back on 12 March 2007, which has not been challenged by the petitioner. The recovery of penal interest that was challenged by the petitioner in the previous writ petition was upheld by this Court and that writ petition was dismissed. As such the petitioner is not entitled to any relief in this petition.
The writ petition is, accordingly, dismissed .
Order Date :- 29.11.2017 sfa/ (Jayant Banerji, J) ( Dilip Gupta, J)