Court No. - 32
Case :- WRIT - C No. - 42029 of 2019
Petitioner :- Keshav Kumar Trivedi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition, inter alia, has been filed for the following reliefs:
"(I) Issue a writ or direction in the nature of mandamus commanding respondent authorities to refund the money deposited by the petitioners in pursuance of the Plot No. 13 , Canal Patri, Kanpur nagar alloted by the Kanpur development authority with interest."
Heard the learned counsel for the petitioner, Mr. Prdeep Kumar Tripathi, learned counsel for the Development Authority and perused the record.
Learned counsel for the petitioner submits that the petitioner was allotted a shop in question in the year 2014 by the respondents and the entire amount of the sale consideration i.e. about Rs. 25 lacs has been paid by the petitioner in the year 2015 and now nothing is due against him. Despite the entire amount of sale consideration having been paid by the petitioner to the Development Authority, it has failed to deliver the possession of the shop in question even after a lapse of more than four years, the present writ petition has been filed seeking various reliefs.
Mr. Pradeep Kumar Tripathi, learned counsel appearing on behalf of the Kanpur Development Authority submitted that due to unusual circumstances beyond its control,the Development Authority has not been able to deliver possession of the shop in question to the petitioner within the stipulated period and the Development Authority is ready to refund the entire amount paid by the petitioner along with interest at the rate of Rs. 8% per annum within one month from today. Learned counsel for the petitioners has agreed to accept the said amount along with interest at the rate of 8% per annum .
Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the respective parties, with the consent of the parties, we dispose of the writ petition with a direction to the respondent no. 2 to refund the entire amount paid by the petitioners along with interest at the rate of Rs. 8% per annum within one month from today. It is made clear that in case the amount so directed is not refunded within the stipulated period of time along with the interest, the respondents shall be liable to pay penal interest at the rate of Rs. 12% per annum till the actual date of payment.
Order Date :- 18.12.2019 MLK