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 the same plot was advertised vide advertisement dated 16.11.2008 which was challenged by means of another writ petition No. 65656 of 2008 wherein an interim mandamus dated 19.12.2008 was issued to the effect that no third party interest shall be created. Despite the said direction, the respondent authority again invited applications for allotment of plot in question vide advertisement dated 6.2.2009 and 25.5.2009. Both the advertisement are under challenge in writ petition No. 948 of 2010.

5. In the meantime, as soon as the advertisement dated 6.2.2009 and 25.5.2009 were issued by the Development Authority a Contempt Application No. 2198 of 2009 (O.P. Katiyar, Secretary, Dhani Ram Memorial Shikshan Sewa Sansthan v. Ram Swaroop, Vice-Chairman, Kanpur Development Authority and another) was filed by the petitioners. In the said Contempt Application order dated 3.7.2009 was passed whereby the notices were issued to both the opposite parties to file reply within three weeks. The order dated 3.7.2009 is quoted below:

“It is stated by Sri Anil Kumar Singh, learned counsel for the applicant that the applicant had applied for allotment of plot No. S-2 under the Scheme Ratanpur Awasiya Yojna in pursuance of advertisement issued by the Kanpur Development Authority. The applicant deposited Rs. 1,50,000/-, but the authority again issued an advertisement inviting applications. The applicant filed a Writ Petition No. 65656 of 2008 (Dhani Ram Memorial Shikshan Sewa Sansthan and O.P. Katiyar v. State of U.P. and two others)wherein by an interim order dated 19.12.2008 the Court directed that no third party’s interest will be created. According to learned counsel a certified copy of the order was served on both the opposite parties on 19.1.2009. However on 6.2.2009 and 20.5.2009 they have again published an advertisement in the newspaper to allot the very same plot to other persons. As such the opposite parties by issuing the advertisement have disobeyed the interim order passed by this Court.

In view of the aforesaid circumstances, issue notice to the opposite parties No. 1 and 2. Opposite parties No. 1 and 2 may file reply to this contempt petition within three weeks of receipt of notice.”

6. After receipt of notices of the Contempt Application a letter dated 19.8.2009 issued by the Development Authority was received by the petitioners and by means of said letter for the first time the allotment order was issued in favour of the petitioners. The said allotment order was issued asking to deposit the allotment money at the rate of Rs. 2288/- per sq. m. and it was stated that total amount of land after adjustment of the amount already deposited shall be payable in five equal instalments within a period of five years.

7. The case of the petitioners is that the responden