- (1.) 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. The above two writ petitions raise the same issue and have been heard and are being decided together by a common judgment.
(2.) 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.
(3.) 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.;