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2012 Supreme(All) 606

SUNITA AGARWAL, ASHOK BHUSHAN
DHANI RAM MEMORIAL SHIKSHAN SEWA SANSTHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Ram Krishna Yadav, A.K. Yadav, Bhola Nath Yadav, Harish Kumar Yadav and Anil Kumar Singh for the Petitioners; C.S.C., M.C. Tripathi, Ramesh Upadhya, Vivek Varma and N. Misra for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard Sri C.B. Yadav, learned Senior Advocate assisted by Sri Bhola Nath Yadav, learned counsel for the petitioners and Sri M.C. Tripathi, learned counsel for the respondents.

2. The above two writ petitions raise the same issue and have been heard and are being decided together by a common judgment.

3. The case of the petitioners is that petitioner No. 1 which is a registered society under the provisions of Societies Registration Act had applied for allotment of land bearing plot No. S-2, area 4579.85 Sq. Meter in Ratanpur Extension Scheme vide application dated 17.8.2006 in pursuance of advertisement dated 26.7.2006 issued by the respondent Kanpur Development Authority in the newspaper. The concessional rate as applicable at the relevant point of time was Rs. 1032/- per sq. meter for the educational institution. A sum of Rs. 1,50,000/- was deposited through the bankers cheque dated 14.8.2006 alongwith the relevant papers.

4. The respondent Development Authority instead of allotting the plot to the petitioner institution readvertised it by the advertisement dated 7.10.2007 which was challenged by way of writ petition No. 15585 of 2008. Again







































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