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1999 Supreme(All) 655

LAKSHMI BIHARI, D.S.SINHA
Y. M. PATHAK – Appellant
Versus
VICE CHAIRMAN, VARANASI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
A.K.DWIVEDI, J.P.RAI, Naresh Chandra Tripathi, UMESH NARAIN SHARMA

D. S. SINHA, J.

( 1 ) HEARD Sri J. P. Rai holding brief of Sri U. N. Sharma the learned counsel of the petitioner. Sri a. K. Dwivedi learned counsel representing the respondent Nos. 1 and 2 and Sri Naresh Chandra tripathi, learned counsel appearing for the respondent No. 3, at length and in detail.

( 2 ) BY means of this petition under Article 226 of the Constitution of India, the petitioner urges this Court to issue a writ, order or direction in the nature of mandamus directing the respondents to allot and sell the accommodation No. M-4, Gulab Bagh Housing Scheme, Varanasi which was initially allotted to him on rent as tenant in accordance with the resolution dated 15th November. 1993 passed by the Varanasi Development Authority, Varanasi.

( 3 ) AT the outset, it will be apposite to notice that the alleged resolution dated 15th November, 1993 has not been produced before the Court.

( 4 ) TO the writ petition a copy of resolution dated 15th November, 1988 alleged to have been passed by Varanasi Development Authority, has been appended as Annexure-VI. A perusal of this resolution reveals that the Varanasi Development Authority had granted approval to the proposal for selling the pro





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