SUMESH KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) By means of the present writ petition the petitioner has prayed amongst other the following relief:

(2.) The facts of the case in brief are that the respondents have published an advertisement Residential Plots Scheme 2018(1). In pursuance of the said advertisement the petitioner has applied for allotment of a plot measuring 200 sq.mts and deposited a sum of Rs. 12,95,800/- as earnest money. By the letter dated 1st January, 2019,Plot No. C-62, Sector 100, New Okhla Industrial Development Authority (hereinafter referred to as NOIDA) has been allotted to the petitioner under the said scheme. In the said allotment letter the amount of the property and the terms of its payment were duly mentioned. In terms of said letter the petitioner intimated the respondents that further a sum of Rs. 35,70,950/- has been deposited by him on 29th January, 2019 and rest 70% of the amount will be deposited in due course.

(3.) Due to financial constraint the petitioner approached the PNB Housing Finance Ltd. New Delhi for financial assistance. The PNB Housing Finance Ltd. in terms of its conditions required the petitioner to submit permission to mortgage the property in question from the NOIDA. The petitioner ran from pillar to post for getting the said permission and thereafter the permission was granted vide letter dated 18th March, 2019 but the said letter was addressed to the Punjab National Bank Ltd., New Delhi instead of PNB Housing Finance Ltd. New Delhi. The petitioner was then forced to approach the NOIDA for getting it rectified and with great difficulty the same was rectified. Thereafter the PNB Housing Finance Ltd. New Delhi sanctioned loan to the petitioner for a sum of Rs. 98,00,000/- which was accordingly deposited with the NOIDA on 3rd May, 2019. The petitioner also deposited the balance amount of Rs. 20,49,200/- was deposited by him through cheque dated 3rd May, 2019.