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M. R. SHAH, B. V. NAGARATHNA
Anjana Saraiya – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Kavin Gulati, Avi Tandon, Anish Agarwal, Vanshika Gupta, Meghna Tandon.
For the Respondents: V.K. Shukla, Rajeev Kumar Dubey, Ashiwan Mishra, Anurag Tiwari, Kamlendra Mishra, Dinesh Kumar Garg, Dhananjay Garg, Abhishek Garg.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 03.04.2019 passed by the High Court of Judicature at Allahabad in Writ (C) No. 56136 of 2006 by which the High Court has dismissed the said writ petition preferred by the appellant herein, the original writ petitioner has preferred the present appeal.

2. The appellant herein, a lady of about 55 years, was allotted a residential property being Plot No. 415 admeasuring 150 square meters in Organized Development Scheme, Phase-III, Pilkhuwa, District-Ghaziabad, Uttar Pradesh by the respondents under the category of MiddleIncome Group. After being successful in the draw of lots, the appellant was allotted the said plot at a price of Rs. 2,70,000/-. That the appellant herein made an upfront payment of Rs. 94,500/- in the year 2003 itself and thereafter paid the first three instalments regularly and in time. However, thereafter there was a default in making the payment of installment nos. 4 to 7. According to the appellant due to the continuous ill-health of her husband she was in a financial crisis due to which she was unable to deposit the remaining instalments. That the petitioner was


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