ROHIT LAL Vs. MUZAFFARNAGAR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Sri Rakesh Pandey, learned counsel assisted by Sri Vishesh Rajvanshi, learned counsel for the petitioner, Sri K.M. Garg, learned counsel assisted by Sri Sumit Daga, learned counsel for respondent no.4 and Sri Rajesh Kumar Pandey, learned counsel for the Development Authority.

(2.) By means of present writ petition, the petitioner has challenged the order dtd. 18/11/2000 passed by respondent no.2 by which allotment of Shop No.G-3 in favour of petitioner was cancelled on the ground that petitioner as well as his son both were having two adjacent shops G-2 and G-3 on the ground floor facing Bhagat Singh Road and both of these shops are being used for the business of watch and there is scarcity of shop facing to Bhagat Singh Road.

(3.) Initially the present writ petition was allowed by order dtd. 3/5/2018 and impugned order dtd. 18/11/2000 was quashed and respondent nos.2 and 3 were directed to handover the possession of Shop No.G-3 to petitioner. Thereafter, a recall application was filed by respondent no.4 along with impleadment application to recall the order dtd. 3/5/2018 on the ground that shop in question has been allotted to him in the year 2002 during the pendency of the present writ petition and he has been in possession of Shop No.G-3 and running business of watch and he was not heard before passing of the order dtd. 3/5/2018 though he is proper party. Aforesaid recall application of the respondent no.4 was allowed and he was also impleaded as respondent no.4 by order dtd. 11/5/2023. As the sole-petitioner has also died, therefore, his son Raj Kumar was also impleaded as petitioner no.1/1 in the present petition by order dtd. 15/5/2023. The factual matrix of present case is as follows :