LAWS(ALL)-2014-9-376

KULDEEP NARAYAN SINGH Vs. STATE OF U P

Decided On September 09, 2014
Kuldeep Narayan Singh Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD Sri Vikas Verma, learned counsel for the petitioners and Sri Ashish Chaturvedi, learned counsel appearing on behalf of the Ayodhya Faizabad Development Authority, Faizabad.

(2.) IT appears that some of the petitioners are the original allottees of the shops of Vaibha Complex Commercial Scheme and some claims to be the legal heirs of the allottees mentioned in the allotment order dated 29.2.2012. It appears that a suit no. 175 of 2012 has been filed by Sri Kuldeep Narain Singh and by Krishna Gopal Chopra, Sri Yashpal Sood, Sri R.P. Dabar, etc. for the direction to the Ayodhya Faizabad Development Authority, Faizabad claiming relief that shops in the Vaibhav Complex be allotted to them. It appears that during the pendency of the suit, Krishna Gopal Chopra and R.P. Dabar died and their heirs have been substituted.

(3.) IT appears that either on account of some agreement or otherwise the plaintiffs of the suit by moving the application withdrew the suit and the suit has been dismissed as withdrawn. By the allotment order dated 29.3.2012 five shops were kept reserved to be allotted to the petitioners. Such allotment was subject to furnishing of the affidavit that they are ready to take the shops on the prices fixed by the Pradhikaran. It appears that the Board/Pradhikaran in its meeting dated 20.6.2012, which is Annexure -10 to the writ petition, has fixed the value of the shop at Rs.32,55,000/ -. In view of the decision of the Board, an offer notice dated 4.4.2012 has been issued by the Secretary, Ayodhya Faizabad Development Authority, Faizabad wherein it has been stated that the Valuation Committee has fixed a sum of Rs.32,55,000/ - towards value of the shop and in case if you agree for the said price the consent may be given failing which the shop may be auctioned for further allotment. Such offer notices have been challenged in the present writ petition.