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2022 Supreme(All) 157

J. J. MUNIR
Isht Deo Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared
For the Appellant : Awadhesh Kumar Malviya, Sanjeev Kumar Sharma
For the Respondent: C.S.C., Shivam Yadav, Sudhir Mehrotra

JUDGMENT :

1. The Court is convened via video conferencing.

2. This petition under Article 227 of the Constitution is directed against an order of Mr. J.K. Dwivedi, the learned Additional District Judge, Court No. 16, Kanpur Nagar dated 22.09.2021, dismissing Misc. Appeal No. 54 of 2019 and affirming an order/notice issued by the Assistant Secretary, Kanpur Development Authority, Kanpur Nagar cancelling the petitioner’s allotment of a plot of land, with a direction for refund of the advance consideration deposited towards execution of a lease of the said plot.

3. The facts giving rise to this petition are as follows :

One Rakesh Kumar Gupta was allotted a house bearing House No. 6, H.I.G., Block W-1, Saket Nagar, Kanpur Nagar under a self-financing scheme floated by the Kanpur Development Authority, Kanpur Nagar, for short “the Authority” n accordance with the allotment made vide allotment No. 26 ¼Mh½HkwŒ@dsŒMhŒ,Œ dated 07.10.1983. It is claimed that Rakesh Gupta deposited the entire consideration for execution of the lease deed, being a sum of Rs. 1 lacs relating to the said house, but the deed was not executed. However, in consequence of the allotment made, possession was delivered

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