- (1.) Both the aforesaid writ petitions are arising out of a plot of land, being Plot No. A-40, Sector-62, Noida, Uttar Pradesh.
(2.) The first writ petition, being Civil Misc. Writ Petition No. 44529 of 2005, has been filed in the nature of mandamus for getting order or direction by the writ Court upon the Respondents to allot the plot to the Petitioner on the basis of its application dated 8th August, 2001. This writ petition was filed in this Court on 3rd June, 2005 praying inter alia as follows: (i) to issue a writ, order or direction in the nature of mandamus directing the opposite parties to allot the plot No. A-4 (?) (A-40), Sector 62, NOIDA for which the Petitioner had applied on 8.8.2001 accordingly the scheme known as "SCHEME FOR INSTITUTIONAL PLOTS" by treating the Petitioner similarly to the other applicants of the same scheme for other plots; (ii) to issue a writ, order or direction in the nature of mandamus directing the opposite parties not to discriminate the Petitioner from the identically situated other applicants of the scheme for institutional plots by adopting a different policy for allotment of the disputed plot No. A-40, Sector 62, NOIDA. (iii) to issue a writ, order or direction in the nature of mandamus directing the opposite parties to Act in accordance with law and not to Act upon on their unilateral decision differently taken for the disputed plot contrary to the policy adopted for allotment regarding the other plots of the same scheme; and (iv) to pass such other and further order which this Hon'ble Court may deem fit and proper, according to circumstances of the case; (v) to award the costs.
(3.) Second writ petition, being Civil Misc. Writ Petition No. 40515 of 2008, has been filed by the Petitioner before this Court on 17th August, 2008 praying inter alia as follows: (i) Issue a writ, order or direction in the nature of certiorari quashing the allotment made by Noida authorities of disputed plot No. A-40 Sector 62 Noida made in favour of Respondent No. 3. (ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents not to complete the further proceedings in pursuance of allotment of Plot No. A-40, Sector 62, Noida. (iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) Award the cost of the writ petition to the Petitioner.;