Court No. - 21
Case :- WRIT - C No. - 37760 of 2018 Petitioner :- Rahul Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lok Nath Shukla,Shahabuddin Counsel for Respondent :- C.S.C.,Rohan Gupta
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has instituted this writ proceedings for issuance of a direction upon the respondents to release the amount which he has deposited against the allotment of plot in Pratap Vihar Yojna, Ghaziabad.
It is stated that the Ghaziabad Development Authority - respondent no. 3 invited applications for allotment of plots under higher purchase scheme situated in Pratap Vihar Yojna, Sector-11, H Block, Ghaziabad in the year 2014. In response to to the notice the petitioner made application for allotment of plot. Here the petitioner claims that he has deposited a sum of Rs.11,74,000/- as earnest money on 18.7.2014. A copy of the receipt is on the record. It is stated that the petitioner was the highest bidder. Later he deposited entire amount details of which are given in paragraph 7 of the writ petition.
The grievance of the petitioner is that later he came to know that plot which was allotted to him is the subject matter of Civil Suit No. 1571 of 2015 (Smt. Mansa Devi Vs. Ghaziabad Development Authority. Having acquired the said information the petitioner moved an application for return of entire amount along with interest. A copy of the representation made by the petitioner is on the record.
The only prayer made by the petitioner is that his request for refund of amount along with interest be considered by the respondents.
Earlier time was granted to the learned Standing Counsel to seek instructions but no instruction has been received by this Court.
We have heard learned counsel for the petitioner, learned Standing Counsel and Sri Rohan Gupta, learned counsel who has put in appearance on behalf of respondent nos. 3, 4 and 5.
Taking into consideration the entire facts and circumstances of the case, we are of the view that interest of justice would be sub-served by issuing a direction to the third respondent to consider the case of the petitioner and pass appropriate orders expeditiously, preferably within a period of two months from the date of presentation of this order.
We make it clear that we have not expressed any opinion on merits of the case and the authority concern shall pass order independently, in accordance with law.
With the aforesaid directions, this writ petition is disposed of.
Order Date :- 28.11.2018 M.A.Ansari