- (1.) HEARD Shri O.P. Singh, Senior Advocate assisted by Shri K.K. Tripathi for the review applicant. Shri Shiv Nath Singh appears for Kanpur Development Authority.
(2.) THE petitioner has filed this review application to review the order dated 27.10.2009 by which the writ petition, for quashing the auction sale notice published in daily newspaper 'Dainik Jagaran" on 26.1.2005 and for a direction commanding the respondents to accept the remaining amount of the allotted plots no.621/16, 621/17, 621/18, 621/19 and 621/20 situated in W Block Juhi, Kanpur Nagar, and to execute the final free hold lease in favour of the petitioner and further to calculate the final amount of the plots on the rate of the year in which the allotment order was made, was dismissed by the Court.
(3.) THE writ petition was dismissed on the ground that in the counter affidavit filed on behalf of Kanpur Development Authority it was stated that Shri Kailash Nath Mishra, Office Superintendent (Sale), Kanpur Development Authority, Kanpur had no power or authority to allot the plots and that on the original file, there are no proceedings containing the notings for allotment of the said plots in favour of the petitioner. Shri Kailash Nath Mishra, the Office Superintendent had no authority to initiate or make any allotment for and on behalf of Kanpur Development Authority (KDA). The signature on the letter also does not appear to be his signature. The Court found that even if it is presumed from the certificate issued by Shri Kailash Nath Mishra, who had allegedly verified that the allotment letter was issued by him, in view of the fact that Shri Kailash Nath Mishra was not competent to issue the allotment letter, is non -est. The Court directed that if any amount is found deposited, the same shall be refunded to the petitioner.;