OMKAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Umesh Narayan Singh, Senior advocate assisted by Sri Raj Kumar Singh, advocate on behalf of the petitioner, Sri Raj Kumar Ojha, Senior advocate on behalf of respondent no.2 & 3 and Sri Prakash Tiwari, advocate on behalf of respondent. Petitioner before this Court seeks quashing of the order dated 14.12.2012 and dated 17.12.2012 passed by respondents no.2 & 3 respectively. Facts in short leading to present writ petition are as follows :

(2.) THE Development Authority is stated to have passed a resolution no.90.08 in its meeting held on 27.03.2010 to the effect that if the plaintiffs agree to withdraw the suit at their own cost and further agree to deposit the external development charges and to pay the current value of the property and thereafter get a talpat manchitra approved, then in that circumstance, the Development Authority may consider the allotment of the land, subject matter of the suit in favour of the plaintiffs.

(3.) IT is the case of the petitioners that an application for withdrawal of the suit was made on 8.04.2011 and Rs.42 lacs & odds were deposited on 10.03.2011 in terms of the letter dated 20.11.2010. It is also stated that before any orders could be passed on the withdrawal application, the suit itself was dismissed in default on 17.05.2011. An application for recall of the said order has been filed, which is pending even today. According to the petitioners, they have deposited a sum of Rs.9 lacs & odds on 7.09.2012, a sum of Rs.15 lacs & odds on 10.12.2012 and a sum of Rs.1 crore & 56 lacs on 17.12.2012. On 29.09.2012 a allotment letter was issued by the Prabhari Adhikari Sampatti, Gorakhpur Development Authority, with reference to the order of the Vice Chairman dated 28.09.2012, which also provided for the conditions of allotment. The allotment conditions mentioned that the total value of the land is Rs.4 crores, 28 lacs & odds. Petitioner has deposited registration fee of Rs.42 lacs & odds. 25 % of the total price is to be deposited by 28.12.2012 i.e. Rs.1 crore, 7 lacs & odds. A further sum of Rs.51 lacs & odds towards fee hold charges was to be deposited by 28.10.2012. A copy of the allotment letter is enclosed as Annexure 8 to the present writ petition. The other conditions shall be referred to at the appropriate stage.