Court No. - 2 Case :- WRIT - C No. - 40449 of 2010 Petitioner :- Har Kishan Kapoor Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Some Narayan Mishra Respondent Counsel :- C.S.C.,Brijesh Ojha Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner and Sri Brijesh Ojha for respondent nos. 2,
3 and 4.
By this writ petition, the petitioner has prayed for a mandamus directing respondent
no. 3 to allot a newly constructed shop at Town Hall Campus. The petitioner’s case
in the writ petition is that he has been allotted a khoka for which the Nagar Nigam
has been receiving rent. The petitioner moved an application in the year 2000 for
allotment of a shop and thereafter filed WP No. 27568/2002. The petitioner’s writ
petition was disposed of by this Court by directing the authorities to consider the
petitioner’s representation. In pursuance of the order of this court dated 15.07.2002,
the Mukhya Nagar Aayukt, Nagar Nigam, Moradabad passed an order on
09.10.2002 rejecting the representation of the petitioner. It was held in the order
that the Nagar Nigam has done away with the allotment of temporary khoka under
the orders of the State Government.
Learned counsel for the petitioner submitted that even thereafter, the petitioner
made several applications which were entertained and certain endorsements were
made by the authorities thereon. The petitioner’s earlier representation claiming
relief for allotment of shop having been rejected in the year 2002 and there being
no policy decision or any other material brought on record establishing that the
petitioner has a right for allotment of shop, the relief claimed in the writ petiton that
the respondent be directed to allot newly constructed shop at Town Hall Campus
cannot be granted. The petitioner is not entitled for any relief.
The writ petition is dismissed with the aforesaid observations.
Order Date :- 21.7.2010
Jaideep/-