HARDEEP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) FOR the reasons stated in the application, Intervention Application No. 4561 of 2015 is allowed. Mr. R.C. Tamta, Advocate is permitted to address his arguments on behalf of Mahendra Kumar Garg, intervener.

(2.) PRESENT petition is filed, invoking Article 226 of the Constitution of India, assailing the order dated 13.02.2013, passed by the respondent No. 2, cancelling the reservation of the plot; further seeking writ of mandamus commanding the respondents to honour the reservation letter dated 20.11.2012.

(3.) BRIEF facts of the present case, inter alia, are that Civil Suit No. 37 of 1998, Har Prasad Sah Vs. U.P. Awas Evam Vikas Parishad and others (hereinafter referred to as "Parishad") was pending disposal in the Court of Civil Judge, Junior Division, Haldwani, District Nainital seeking permanent prohibitory injunction restraining the Parishad and its Officers, servants and agents in making any interference in the peaceful possession of the plaintiff over the suit property and for declaration to declare that notices under Sections 28 and Section 31 (3) (a) of the U.P. Awas Evam Vikas Parishad Adhinimum 1965 are non -est and void ab initio; during the pendency of the suit, petitioner herein moved an application on 15.10.2012 before the Housing Commissioner, Parishad, annexure No. 1 to the writ petition, saying that petitioner shall contest O.S. No. 37 of 1998 on behalf of the Parishad at his own expenses and cost and shall make every effort to get the decision in favour of the Parishad and after the decision in the suit in favour of the Parishad, petitioner shall purchase the commercial plot No. 101, Yozna III, measuring 1500 sq.m. (property in question) by paying five lacs more than prevailing market value; Housing Commissioner, Parishad, vide letter dated 20.11.2012, annexure No. 3 to the writ petition, informed the petitioner that commercial plot No. 101 (property in dispute), shall remain reserved in favour of the petitioner with the condition that after the dismissal of the Suit No. 37 of 1998 in favour of the Parishad, allotment letter shall be issued in favour of the present petitioner; with the further stipulation that petitioner has to pay Rs.5 lacs more, over and above, the prevailing market rate of the property; having received letter dated 20.11.2012, petitioner deposited Rs. 24 lacs with the Parishad as earnest money; thereafter, petitioner moved impleadment application in O.S. No. 37 of 1998 and his application was allowed by the learned Trial Court; on 13.02.2013, Housing Commissioner of the Parishad was pleased to issue impugned cancellation order saying that Writ Petition No. 95 of 2013 (M/S) has been preferred by Mr. Yamuna Dutt Sanwal against the Parishad saying reservation of the commercial plot, in question, in favour of the petitioner was wrong and was made on the very less rate while market value of the property is not less than Rs. 300 lacs, therefore, to avoid complications, Parishad has decided to cancel the reservation made in favour of the petitioner, therefore, same is cancelled and petitioner may receive back money deposited by the petitioner at the time of reservation made; feeling aggrieved, petitioner has preferred present writ petition challenging order dated 13.02.2013, annexure No. 2 to the writ petition, whereby reservation made earlier in favour of the petitioner was cancelled.