Atul Jain vs State Of U.P. And 2 Others
2023 Latest Caselaw 18595 ALL

Citation : 2023 Latest Caselaw 18595 ALL
Judgement Date : 21 July, 2023

Allahabad High Court

Atul Jain vs State Of U.P. And 2 Others on 21 July, 2023

Bench: Pritinker Diwaker, Chief Justice, Ashutosh Srivastava





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:145822-DB
 
Chief Justice's Court
 
Case :- WRIT - C No. - 23644 of 2023
 
Petitioner :- Atul Jain
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Manjari Singh
 
Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey,Suresh C. Dwivedi
 

 
Hon'ble Pritinker Diwaker,Chief Justice
 
Hon'ble Ashutosh Srivastava,J.

1. Heard Ms. Manjari Singh, learned counsel for the petitioner, Shri J.N.Maurya, learned Additional Chief Standing Counsel, for the respondent no. 1 and Shri Suresh C. Dwivedi, learned counsel for the respondent nos. 2 and 3.

2. By means of the present petition the petitioner seeks issuance of a writ of mandamus commanding the respondent no. 3, Vice chairman (Housing) Agra Development Authority, Agra, to refund a sum of Rs. 1,05,66,699/- of account of abandonment of group housing project situated at plot Nos. 1/58 and 1/59, situated at Lata Kunj, SauthkiMandi, Agra.A prayer to decide the representation of the petitioner dated 21.12.2018 and 05.05.2023 has also been prayed for.

3. It is the case of the petitioner that he is entitled to such refund in terms of the judgment rendered in case of Mathura Vrindavan Development Authority and another vs. Rajesh Sharma and others, Civil Appeal No. 5645 of 2015 decided on 28.04.2023.

4. We have heard learned counsel for the petitioner and have perused the records. We are afraid that the relief as prayed for in the present petition, cannot be granted in toto and we are not inclined to entertain the petition. However, liberty is granted to the petitioner to pursue his representation before the authority concerned.

5. With the aforesaid observations the writ petition is disposed of.

6. This Court has not expressed any opinion on the merits of the case and it shall be open for the respondent, Development Authority, to pass appropriate orders, strictly in accordance with law.

Order Date :- 21.7.2023

Deepak/