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2024 Supreme(All) 1036

SANGEETA CHANDRA, BRIJ RAJ SINGH
Shiv Kumar – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. To Govt. Deptt. Of Housing And Urban Planning Lko. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Deepanshu Dass, Lalta Prasad Misra
For the Respondent: C.S.C., Ratnesh Chandra

JUDGMENT :

Mrs. Sangeeta Chandra, J.

1. This petition has been filed praying for quashing of order dated 08.05.2024 passed by the Vice-Chairman, Lucknow Development Authority (hereinafter referred to as “opposite party no.3”), where he has rejected the representation of the petitioner with respect to Flat no.-152, Ist Floor, Rupayan Gomti Nagar, Lucknow and also praying for a mandamus to be issued to the opposite party no. 2 to enter the name of the petitioner in place of his predecessor-in-interest as allottee of the said Flat and to take balance of the sale consideration from the petitioner and execute a sale deed in his favour and not to allot/settle/sell the said Flat in favour of any other person and not to disturb the possession of the petitioner over the said Flat.

2. The brief facts of the case as mentioned in writ petition are that one Sri Ram Pyare Panika, Ex-Member of Parliament had applied for allotment of a three bedroom Flat, type “Rupayan”, in a residential colony called Nehru Enclave in Gomti Nagar developed by the opposite party no. 2, the Lucknow Development Authority (hereinafter referred to as ‘the L.D.A.’) and deposited Rs.30,000/-initially on 28.03.1989. He was a

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