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Allahabad High Court
Girdhar Singh vs State Of U.P. And Others on 29 January, 2010
Court No. - 3

Case :- WRIT - C No. - 65825 of 2008
Petitioner :- Girdhar Singh
Respondent :- State Of U.P. And Others

Petitioner Counsel :- P.K. Kashyap,Atul Kumar Singh

Respondent Counsel :- C.S.C.,Anil Tiwari,B.D. Pandey

Hon'ble Amitava Lala,J.

Hon’ble S.N.H. Zaidi,J.

Sri B.D.Pandey, learned Counsel appearing for the respondents, is present.

Counter affidavit is directed to be filed in the department and will be brought
on record.

The petitioner has contended before this Court that inspite of payment of Rs.
7,29,989/- possession of the concerned shop in the commercial complex being
shop no.1, Golghar in Gorakhpur city has not been given to the petitioner. The
respondents by filing the counter affidavit have taken a flimsy ground, which
is as follows:

“3. That in reply to the contents of paragraph no.3 of the aforesaid writ
petition it is stated that the Gorakhpur Development Authority, Gorakhpur
(herein after referred to as GDA) has advertised for a complex at Golghar in
the district Gorakhpur but GDA in its board meeting has resolved to convert
the said plan in a commercial use and thereby the use of the land was
converted from Government offices to commercial and hence the change of
the land use was required to be ratified by the State Government and therefore
the GDA vide its letter dated 13.12.2007 and 21.5.2008 addressed to the State
Government has sought permission for the change of land use. It is further
stated that the counsel for the petitioner has written a letter dated 19.3.2008 to
the secretary GDA for the delivery of the possession of the shop allotted to
the petitioner and in reply thereto the GDA vide its letter dated 04.10.2008
informed to the counsel for the petitioner to the effect that the work of the
complex in question has yet not been completed and the said complex is also
under enquiry and affected by the change of the land use and for which the
correspondence is going on with the State Government and the moment the
aforesaid proceedings is completed, the possession of the shop in question
shall be handed over to the petitioner without any delay on the part of the
GDA. It is further stated that the GDA has also requested to the State
Government vide its letter dated 22.1.2009 and 25.5.2009 but till date the
State Government has yet not replied to the different letters issued by the
GDA. The photostat copies of the aforesaid letters dated 13.12.2007, 21.5.08,
19.03.2008, 04.10.2008, 22.01.2009 and 25.05.2009 is being filed herewith as
annexure CA-1, CA-2, CA-3, CA-4 and CA-5 respectively.”

We fail to understand that if the authority was not sure to allow the petitioner
to run the shop upon payment of any sum then there was no necessity to
accept any sum and keep it pending indefinitely taking a view that they sought
the permission to change the land use, which is pending. Against this
background we are of the view that the authority concerned will hand over the
possession of the land in question within a period of fortnight from the date of
communication of this order. The writ petition, is accordingly, disposed of.

No order is passed as to costs.

Order Date :- 29.1.2010
MAA/-


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