- (1.) M/S Samiah International Builders Private Limited has filed this petition to seek a writ in the nature of certiorari quashing order dated 26.3.2010 passed by Assistant Commissioner, Housing, Uttar Pradesh Avas Evam Vikas Parishad, Lucknow (for short, UPAEVP) placed on record as Annexure-1. Prayer has also been made for issuance of a writ in the nature of certiorari quashing re-auction of the plot vide advertisement, Annexure-2 dated 5.6.2010. The petition prays for issuance of a writ in the nature of mandamus directing respondent No.2 to hand over vacant peaceful possession of the plot in furtherance to terms and conditions of the auction and perform all functions as required in the light of Government Order dated 6.1.2009, placed on record as Annexure-3.
(2.) The facts and circumstances of the case leading to filing of the writ petition, in brief, are that a plot measuring 25000 sq.mts. was auctioned on 24.1.2007 wherefor the petitioner was the successful bidder at the rate of Rs.7,598/- per sq. metre for a total sum of Rs. 18,99,50,000/-. Letter of allotment was issued on 29.1.2007 which stipulates the terms and conditions of allotment. Copy of the letter of allotment has been placed on record as Annexure-4.
(3.) A reference to Annexure-4 indicates that plot bearing No.E-1/G.H.-01 was allotted to the petitioner. The schedule of payment has been provided in the letter of allotment.;