Court No. - 37
Case :- WRIT - C No. - 28126 of 2013 Petitioner :- Sri Devendra Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Counsel for Respondent :- C.S.C.,P.K. Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Lalit Kumar, learned counsel for the petitioners, learned Standing Counsel appearing for the State-respondents and Sri P.K.Singh, learned cousel appearing for the Moradabad Development Authority-respondent no.3.
Learned counsel for the petitioners submits that the petitioners have purchased Plot No.1034 measuring 450 Sq. Meter from one Arun Kumar Mangal situated at 31 Malaviya Nagar, Moradabad through a registered sale deed 6.6.2005. The petitioners entered into possession but it appears that upon agreement between the petitioners and the Moradabad Development Authority, the petitioners' land was exchanged and they have been given a different plot of the same size in the same area. The petitioners have applied for sanction of map which was not considered on the ground that one Smt. Kiran Chawala filed a writ petition being Writ Petition No. 66511 of 2008 before this Court and that writ petition today has been dismissed as withdrawn.
According to the learned counsel for the petitioners, there is no impediment in sanctioning of the map.
In case, there is no impediment in sanctioning of the map and the petitioners have right and title over the land in question, which shall be verified by the Moradabad Development Authority and thereafter, if the petitioners deposit requisite fee etc. the claim of the petitioners for the sanction of the map may be considered and appropriate orders be passed, in accordance with law, as far as possible, within a period of one month from the date a certified copy of this order is presented before the authority concerned.
With the aforesaid observation/direction, the writ petition stands finally disposed of.
Order Date :- 26.7.2019 SKM
(Vivek Varma,J.) (Abhinava Upadhya,J.)