RAVI PRAKASH SRIVASTAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard.

(2.) The present special leave petitions [1] have been preferred against the impugned judgment and final order dtd. 17/5/2016 passed by the High Court of Judicature at Allahabad [Hereinafter, being referred to as the "High Court".] in Writ-C No. 22576 of 2016. Vide the said order, the High Court disposed of the writ petition without granting any substantive relief as sought for by the petitioners. However, the petitioners were given liberty to approach the Housing Commissioner in respect of the affairs of the Housing Society and to file a civil suit in respect of the loan availed by the petitioners to finance the purchase of the flats.

(3.) Succinctly stated, facts of the case are that the petitioners claim to be the allottees in a Group Housing Project undertaken by Golf Course Sahkari Awas Samiti [Hereinafter, being referred to as the "Samiti" or "Society"] (previously, JP Greens Employees Sahkari Awas Samiti), which was formed in 2004 and registered as a housing co-operative society under Sec. 7 of Uttar Pradesh Cooperative Societies Act, 1965. The Samiti filed an application with Greater Noida Industrial Development Authority [For short "GNIDA"] seeking allotment of land. GNIDA vide letter dtd. 9/9/2004 allotted Plot No. 7, Sector PI-2, Greater Noida, Gautam Buddha Nagar, Uttar Pradesh, 201308 admeasuring 10,000 sq. meters @ Rs.2975.00 per sq. meter in favour of the Samiti, for flat-based development, stipulating payment of 30% of the lease amount within 60 days and the balance 70% in eight half-yearly instalments.