KRIPA SHANKER SINGH Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Sri Vishwajeet Rai, Advocate holding brief of Sri Kripa Shankar Rai, learned counsel for the petitioner, learned Standing Counsel for the State authorities and Sri Kumar Ayush, learned counsel representing the Lucknow Development Authority.

(2.) By instituting these proceedings under Article 226 of the Constitution of India, the petitioner-Kripa Shanker Singh has prayed that the opposite party nos.1 to 4 may be directed for registry of House No.M/213/G, L.D.A. Colony, Kanpur Road Yojna, Lucknow in his favour. Further, the petitioner has also prayed that the registry of the said house may not be done in favour of opposite party no.7. Although the Senior Superintendent of Police, Lucknow and the Station House Officer, Police Station Ashiyana, District Lucknow have been arrayed as opposite party nos.5 and 6 respectively, however, no prayer has been made by the petitioner against them.

(3.) The case set up by the petitioner in the writ petition is that one Smt. Kavita Singh was issued a letter dtd. 22/1/1992 informing her that her application dtd. 3/1/1992 was accepted by the Lucknow Development Authority for allotment of Plot No.A/863/I, L.D.A. Colony, Kanpur Road Yojna, Lucknow. It seems thereafter the said Smt. Kavita Singh has applied for alternate plot to the Lucknow Development Authority, which was allowed vide an order dtd. 13/9/1996 and as such an alternate property being M/213/G, was allotted to said Smt. Kavita Singh for and in place of the earlier plot in the same locality. The petitioner has relied on a document dtd. 23/9/1996 issued by L.D.A. informing the said Kavita Singh that the petitioner's request and affidavit have been accepted by them and as such the plot allotted was allowed to be transferred to the petitioner on the same terms and conditions. It is the further case of the petitioner that subsequently a "Hire purchase agreement" was executed in his favour by L.D.A. on 25/9/1996 for the said property number M/213/G for a consideration of Rs.2,63,900.00 on hire purchase basis and pursuant to which he was also issued a possession letter dtd. 25/9/1996 for the said property. The tenure for the said hire purchase agreement was 20 years and it was expected that L.D.A. would execute the sale deed for the said plot after the completion of the said tenure of hire purchase agreement.