Allahabad High Court
Kamlawati @ Kamlawati Devi vs Vice Chairman And Another on 9 October, 2025
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:180041-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36881 of 2019
Kamlawati @ Kamlawati Devi
.....Petitioner(s)
Versus
Vice Chairman And Another
.....Respondent(s)
Counsel for Petitioner(s)
:
Rajesh Kumar Singh, Sumitra Singh
Counsel for Respondent(s)
:
K.R. Singh
Court No. - 29
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri K.R. Singh, learned counsel for Vice-Chairman, Gorakhpur Development Authority.
2. The instant writ petition has been preferred for a direction commanding the Gorakhpur Development Authority (in short 'GDA') to execute registered sale deed of House No. LIG 359, Vikas Nagar, Gorakhpur Vikas Pradhikaran Gorakhpur to the petitioner without any further delay. Alternatively it is also prayed that the representation dated 30.08.2019/18.09.2019 may be decided regarding execution of registered sale deed of House No. LIG 359, Vikas Nagar, Gorakhpur Vikas Pradhikaran Gorakhpur.
3. At the very outset learned counsel for the petitioner placed reliance upon the order dated 12.01.2018 passed by the learned Single Judge in Writ-C No. 1681 of 2017 (Smt. Manju Singh vs. State of U.P. and 3 others), wherein, in the similar facts and circumstances, the Court has partly allowed the writ petition and directed the GDA to transfer the plot under the scheme in favour of the petitioner, charging the stamp duty on the present value of the property in accordance with the rules, as well as stamp duty on the value at the time of allotment of the property, within one month from the date of receipt of a certified copy of the order.
4. Learned counsel for the petitioner states that the instant writ petition may be disposed of in terms of the mandate of the learned Single Judge in the case of Smt. Manju Singh (supra), wherein the State as well as the Authority do not suffer any deficiency towards the stamp duty. The respondents are required to execute sale deed of the disputed property in the name of subsequent stakeholder as the original allottee has no objection.
5. Sri K.R. Singh, learned counsel for respondent fairly submits that the matter is clearly covered with the mandate in Smt. Manju Singh (supra) and he has no objection in case the matter is relegated to the Vice-Chairman, GDA, who will definitely proceed to accord consideration in accordance with law and certainly at the time of processing the claim of the petitioner, the judgment in Smt. Manju Singh (supra) may also be considered.
6. Considering the factual situation, we are not inclined to keep the matter pending consideration any further, as the authority as pronounced by learned Single Judge, which is not upset by the higher, we do not find any plausible reason to take a different view in the present writ petition. 7. Accordingly, the writ petition is disposed of with a direction to the Vice-Chairman, GDA to pass an appropriate order in light of the mandate of learned Single Judge in the case of Smt. Manju Singh (supra) within a period of six weeks from the date of production of a certified copy of this order.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
October 9, 2025
Pkb/
