ADVANCE CONSTRUCTIONS Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned Standing Counsel and Mr. K.S. Pawar, Counsel for the opposite parties Nos. 2, 5 and 6.

(2.) PETITIONER -firm has filed the instant writ petition for issuance of direction to the opposite parties to issue allotment letter of Community Centre, Plot No. C -C/01, Indira Nagar Yojna, Dehradun in favour of the petitioner after obtaining consent of the Government of Uttaranchal.

(3.) COUNSEL for the petitioner submits that pursuant to an advertisement dated 20.1.2007 for sale of Community Centre, Plot No. C -C/01, Indira Nagar Yojna, Dehradun, the petitioner participated in the auction and being the highest bidder, his bid was accepted. The petitioner deposited a bank draft of Rs.7,95,000/ - dated 3.2.2007 of HDFC Bank, Dehradun in favour of Housing Commissioner, U.P. Housing and Development Board as an earnest money. This bank draft was encashed but allotment letter was not issued.? It has been asserted by the petitioner that in view of the provisions of Section 67 of U.P. State Reorganization Act, 2000, the U.P. Awas Vikas Parishad is the absolute owner and is in possession of its properties situated in the State of Uttranchal. Apart from that, a Memoradum of Understanding was signed between the State of U.P. and State of Uttaranchal on 31.10.2003 and 19.11.2004, in which it was settled that answering opposite parties are fully entitled and authorized to sale and dispose of their properties situated in the State of Uttaranchal.