Bhagdutta Sharma And 3 Others vs State Of U.P. And 3 Others
2014 Latest Caselaw 3815 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 34685 of 2014
 

 
Petitioner :- Bhagdutta Sharma And 3 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ram Surat Saroj
 
Counsel for Respondent :- C.S.C.,Ramendra Pratap Singh
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Vivek Kumar Birla,J.

The petitioners claim that they are entitled to the benefit of allotment under the draw of lots as the scheme under which such benefit is being extended requires a pre-requisite from the tenure holder to deposit 10% amount of the award. In the instant case, it is not disputed that 10% of the amount has been deducted in so far as petitioners are concerned and therefore they are also entitled for being considered under condition no. B2.1 para 1.3 (C 13) which requires that if there are several co-tenure holders a draw shall be made from amongst the co-tenure holders and the successful co-tenure holder will be sent for draw of lots. It is thus clear that the participation is dependent upon those who make an offer to this effect and not to other co-tenure holders. It is thus clear that the petitioners have not applied yet they are seeking benefit thereunder on the ground of deposit having been made.

Let the respondents file  a counter affidavit within three weeks as to whether the petitioners would be entitled for such benefit even if they have not formally applied and 10% amount has been withheld. Rejoinder affidavit, if any, may be filed within a week thereafter.

Issued notice to Hari Om Sharma, who is respondent no.4 and also respondent no.5 in the connected writ petition, returnable at an early date. Stapes within a week.

List after four weeks, showing the name of Sri Nishith Yadav as counsel for the respondent.

Any allotment made in this period shall be subject to the outcome of the writ petition.

Order Date :- 30.7.2014

Ajay