Court No. - 5
Case :- WRIT - C No. - 20313 of 2019 Petitioner :- Kaushal Kishore Respondent :- State Of U P And Another Counsel for Petitioner :- Alok Kumar Tiwari,Arun Kumar Counsel for Respondent :- C.S.C.,Shasi Shekhar Mishra,Shivam Yadav
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Alok Kumar Tiwari, learned counsel for the petitioner and Sri Shasi Shekhar Mishra, learned counsel for the respondent no.2.
On 17.6.2019, this court passed the following order:-
Heard Sri Alok Kumar Tiwari, learned counsel for the petitioner and Sri Shashi Shekhar Mishra holding brief of Sri Shivam Yadav, learned counsel for the respondent No.2.
The counsel for the petitioner states that the petitioner is willing and ready to deposit the amount due and payable. He concedes that there were defaults in payment of instalments within the due time as was indicated in the allotment letter.
The counsel for the respondent No.2, on the other hand, has argued that despite repeated requests and reminders, the petitioner did not pay the amount and as such left with no other alternative option, Kanpur Development Authority has proceeded for re-allotment but he fairly states that the advertisement for re- allotment has not been given effect to. The counsel for the respondent No.2 seeks time to inform the court as to how much amount is due and payable by the petitioner along with interest thereof in terms of the allotment letter.
The counsel for the petitioner agrees and has made a statement before this court that the petitioner undertakes to pay the entire outstanding amount along with interest thereon, if suitable time is granted to him for payment thereof.
List the matter again as fresh for further orders on 20.06.2019, on which date the counsel for the respondent No.2 shall inform this court as to the amount due and payable along with interest.
Today, Sri Shashi Shekhar Mishra, learned counsel for the respondent no.2 - Kanpur Development Authority states on instructions that LIG No.294, Dehali Sujanpur, Single Storey, K.D.A. Colony, Kanpur, was allotted to the petitioner by the respondent no.2 on 29.7.1999 on a price of Rs.64,600/-. Out of this amount the petitioner has paid merely Rs.17,500/-. Total dues including interest against the petitioner as on 30.6.2019 has accumulated to Rs. 5,41,707/-. He states that if the petitioner deposits this amount then auction shall not be proceeded with.
Learned counsel for the petitioner states that the petitioner is ready and willing to deposit the entire amount of Rs.5,41,707/- in two instalments. He states that the first instalment shall be paid to the respondent no.2 on or before 31.7.2019 and the remaining amount as second instalment shall be paid on or before 30.8.2019.
In view of the statement made by learned counsels for the parties, we
dispose of this writ petition with the following directions:
(i) The petitioner shall deposit a sum of Rs.2,70,853/- with the respondent no.2 by account payee order on or before 31.7.2019. The remaining amount of Rs.2,70,854/- shall be paid by the petitioner to the respondent no.2 on or before 30.8.2019.
(ii) Till 30.8.2019, no action shall be taken by the respondents for auctioning the aforesaid disputed property.
(iii) If the petitioner pays to the respondent no.2 total sum of Rs.5,41,707/- in two instalments as aforementioned within stipulated period then the respondent no.2 shall not auction the disputed property and shall take all steps to restore the allotment of the disputed house in favour of the petitioner and intimate the petitioner for requisite stamp paper alongwith a draft deed in terms of clause 11 of the allotment letter dated 29.7.1999. Within next two weeks and thereupon the petitioner shall complete the required formalities within next four weeks.
(iv) Thereafter, the respondent no.2 shall execute the required deed in favour of the petitioner in accordance with law.
In the event of default by the petitioner in depositing any of the instalment as aforementioned, this order shall stand inoperative.
In the event the respondent does not take time bound action as directed above even after deposit of the entire amount by the petitioner, then for every day of delay on their part, the respondent no.2 shall be liable to pay Rs.1000/- as damages to the petitioner.
Order Date :- 20.6.2019/vkg