SWATANTRA KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard learned counsel for the petitioner and learned Standing Counsel for respondent No. 1. Notice on behalf of respondent No. 2 has been accepted by Sri Vivek Varma.

(2.) The petitioner has approached this Court under Article 226 of the Constitution of India seeking a writ of mandamus to command the respondent No. 2 to executive the sale-deed and handover the possession of plot No. 362 area 600 sq. yard situate in Scheme No. I, Kakadev, Kanpur in his favour.

(3.) The aforesaid relief is being claimed on the allegations that his father Ram Gulam Gupta was a freedom fighter and was allotted the said plot on 19.7.1960 by the respondent No. 2 in Freedom Fighter Category. As per the terms and conditions of the allotment letter filed as annexure-1 to the writ petition, the allottee (the father of the petitioner) was required to complete certain formalities and also to deposit 1/4th of the cost of the land by way of premium. Allotment letter further stipulated a condition that if the entire premium amount is paid within two months then 5% rebate shall be provided and in case 50% of the premium amount is paid within two months then the balance amount shall be payable in two instalments from the date of execution of the lease deed. The letter further advised the allottee to contact Sales Officer, Development Board. The petitioner alleges that his father died on 25.3.1966 leaving behind him and respondents No. 3 and 4 as his heir and legal representative. The petitioner has also filed a notice dated 28.4.1986 requiring them to deposit a sum of Rs. 4063.05 towards 1/4th of the premium which was to be deposited as long back as in 1960. There is nothing on record that even after notice dated 28.4.1986 the petitioner made any deposit towards the outstanding amount or complied with other conditions mentioned therein.