- (1.) We have heard Sri S.K.Dwivedi, learned counsel for the petitioner, Sri Nipendra Mishra for respondent no. 1 and learned Standing Counsel for respondents no. 2, 3 & 4.
(2.) This petition has been filed challenging the recovery citation dated 20.03.2004 issued by the respondent no. 3 on the basis of recovery certificate sent by respondent no. 1 Gorakhpur Industrial Development Authority (hereinafter referred to as the 'Development Authority').
(3.) Factual matrix of the case, in brief, giving rise to the dispute are as under : Petitioner made an application dated 07.07.1994 before the respondent no. 1 for allotment of industrial plot in Gorakhpur Industrial Area. A total sum of Rs.38,025/- was deposited by him on various dates between 1994 and 1995. The fact is admitted by the respondents. Allotment letter was issued to the petitioner on 23.08.1994. The allotment letter contained the terms and conditions of allotment as also the conditions of making payment. Condition No. 23 contained in the terms and conditions of allotment are as under : "23. In case you surrender the plot the basis of refund of the amount will be as follows : i) Interest paid to you on ARS amount will be deducted from your refundable money. ii) Interest paid by you or due on the balance amount till date of cancellation shall be deducted. iii) Use and occupation charges and lease rent from the date of allotment till date of surrender shall be charged. iv) Whatsoever amount is left after the above deduction, shall be refunded to you. v) In case the amount to be deducted is more than the actual payment made by you to GIDA then the money due from you will be realisable by GIDA.";