- (1.) HEARD Sri Umesh Narayan Singh, Senior advocate assisted by Sri Raj Kumar Singh, advocate on behalf of the petitioner, Sri Raj Kumar Ojha, Senior advocate on behalf of respondent no.2 & 3 and Sri Prakash Tiwari, advocate on behalf of respondent. Petitioner before this Court seeks quashing of the order dated 14.12.2012 and dated 17.12.2012 passed by respondents no.2 & 3 respectively. Facts in short leading to present writ petition are as follows : Plot no.19 village -Gopalpur Shivpuri, District -Gorakhpur is stated to be bhumidhari of fathers of the petitioners. This land measuring 1.20 acres was subject matter of the Land Acquisition Proceedings initiated by the Sate of U. P. After acquisition the same has been transferred in favour of Gorakhpur Development Authority. Petitioner no.1 and fathers of petitioners no.2 to 9 filed Original Suit No.24 of 1998 for injunction restraining the defendants to the suit namely the Development Authority from interfering with the possession of the plaintiffs over the land in question. It is their case that a temporary injunction was also granted in the said suit. After father of petitioners no.2 to 9 expired they were substituted in the suit. It is their case that the suit remained pending for more than a decade and because of the injunction order, the Development Authority could not develop the land.
(2.) THE Development Authority is stated to have passed a resolution no.90.08 in its meeting held on 27.03.2010 to the effect that if the plaintiffs agree to withdraw the suit at their own cost and further agree to deposit the external development charges and to pay the current value of the property and thereafter get a talpat manchitra approved, then in that circumstance, the Development Authority may consider the allotment of the land, subject matter of the suit in favour of the plaintiffs. On the basis of said resolution an order was issued by the Assistant Property Officer, Gorakhpur Development Authority on 20.11.2010 to the effect that if the petitioners agree to pay a sum of Rs.4, 28,87,074/ - in all, 10 % of which must be deposited within one month of the letter and further submit a proof of the suit having been withdrawn, further proceedings for allotment of the land may be taken.
(3.) IT is the case of the petitioners that an application for withdrawal of the suit was made on 8.04.2011 and Rs.42 lacs & odds were deposited on 10.03.2011 in terms of the letter dated 20.11.2010. It is also stated that before any orders could be passed on the withdrawal application, the suit itself was dismissed in default on 17.05.2011. An application for recall of the said order has been filed, which is pending even today. According to the petitioners, they have deposited a sum of Rs.9 lacs & odds on 7.09.2012, a sum of Rs.15 lacs & odds on 10.12.2012 and a sum of Rs.1 crore & 56 lacs on 17.12.2012. On 29.09.2012 a allotment letter was issued by the Prabhari Adhikari Sampatti, Gorakhpur Development Authority, with reference to the order of the Vice Chairman dated 28.09.2012, which also provided for the conditions of allotment. The allotment conditions mentioned that the total value of the land is Rs.4 crores, 28 lacs & odds. Petitioner has deposited registration fee of Rs.42 lacs & odds. 25 % of the total price is to be deposited by 28.12.2012 i.e. Rs.1 crore, 7 lacs & odds. A further sum of Rs.51 lacs & odds towards fee hold charges was to be deposited by 28.10.2012. A copy of the allotment letter is enclosed as Annexure 8 to the present writ petition. The other conditions shall be referred to at the appropriate stage.;