Gayadeen vs State Of U.P. & 4 Others
2014 Latest Caselaw 4764 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 42969 of 2014
 

 
Petitioner :- Gayadeen
 
Respondent :- State Of U.P. & 4 Others
 
Counsel for Petitioner :- S.K. Vidyarthi,Shivendra Kumar Gupta
 
Counsel for Respondent :- C.S.C.,Abhinava Krishna,Chhaya Gutpa
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Vivek Kumar Birla,J.

Heard Sri S.K. Vidyarthi, learned counsel for the petitioner and Ms. Chhaya Gupta for the respondent Development Authority.

One of the prime arguments raised in this petition is that the petitioners were entitled to the benefits of the judgement dated 06.05.2009 as incorporated in the judgement dated 27.11.2009 in Writ Petition No.62327 of 2009.

The contention is that while proceeding to cancel the allotment that stood in favour of the petitioner, the respondent Development Authority has taken notice of the publication of default dated 28.10.2009 but has failed to take any decision in relation to the judgement dated 27.11.2009. The reason for this is that the demand notice dated 28.10.2009 was under challenge and the respondents were directed to recalculate the amount for each of the petitioner in accordance with the said judgement.

The cancellation order nowhere indicates any such exercise having been undertaken, and therefore, Sri Vidyarthi submits that the cancellation order is invalid.

We have perused Annexure 12 as well as the cancellation order which is under challenge herein appended as annexure 15 to the writ petition which does not indicate any reference to the judgement dated 27.11.2009.

The fact as to whether any such exercise has been undertaken or not, would therefore will have to be verified from the Development Authority. 

Ms. Chhaya Gupta, learned counsel for the respondent Development Authority prays that the matter be taken on 26.08.2014 by which date she will obtain instructions.

Put up on Tuesday i.e. 26.08.2014.

Order Date :- 21.8.2014

Ajay