Kulwant Singh And Anr. vs U.P.Awas Evam Viaks Parishad ...
2023 Latest Caselaw 11040 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 25532 of 2020
 

 
Petitioner :- Kulwant Singh And Anr.
 
Respondent :- U.P.Awas Evam Viaks Parishad Lucknow Thru Commissioner And Ors
 
Counsel for Petitioner :- Vijay Kumar Srivastava,D.K.Pal
 
Counsel for Respondent :- Ratnesh Chandra
 

 
Hon'ble Rajan Roy,J.

Hon'ble Manish Kumar,J.

This petition was filed on 15.12.2020 seeking following relief:-

"1. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties no. 2 and 3, to allot plots to the petitioners as per the resolution dated 29.10.2011, in lieu of the lands of the petitioners, bearing khata no. 27 area 11-10-0-0 and khata no. 170 area 8-10-0-0, situated in Village- Barauli Khalilabad, Pargana- Bijnore, Tehsil and District Lucknow, which was acquired by them under the 'Telibagh Bhumi Vikas Evam Grahsthan Yojna Part-2' (Vrindavan Yojna Part-1 and 2)."

Counsel for the petitioner has placed before this Court the judgment dated 27.11.2019 passed in W.P. No. 28224 (L.A.) of 2019 by a co-ordinate Bench of this Court. He says that the said judgment was challenged by Awas Evam Vikas Parishad by means of SLP No. 31/2020 which was converted into Civil Appeal No. 6410/2021 which has been decided on 22.10.2021. He seeks the benefit of the said judgment.

Sri Mohit Pandey, holding brief of Sri Ratnesh Chandra, learned counsel for the Awas Evam Vikas Parishad says that the opposite parties would consider the claim of the petitioner in the light of the aforesaid judgment.

We accordingly dispose of this writ petition with a direction to the Housing Commissioner, U.P. Awas Evam Vikas Parishad, Lucknow (opposite party no. 2) to look into the matter and verify as to whether the case at hand is covered by the judgment dated 27.11.2019 passed by this Court against which the Civil Appeal no. 6410/2021 has been decided on 22.10.2021, as mentioned hereinabove, and if he finds that it is covered and the petitioner is entitled to the same benefit as has been granted to the petitioners of the aforesaid writ petition and Civil Appeal, then the benefit of the aforesaid judgment of the High Court and Hon'ble the Supreme Court shall be extended to the petitioner also. If however, he finds that it is not so, then he will give reasons for the same and communicate it to the petitioner. In either eventuality, the decision shall be taken and communicated within two months.

Writ petition is disposed of.

Order Date :- 13.4.2023

Nitesh