PREM CHANDRA CHAUDHARY S/O LATE SITA RAM CHAUDHARY & ANR Vs. STATE OF U.P. THRU PRINCIPAL SECRETARY AVAS & ORS

JUDGEMENT

(1.) Heard Mr. Jaideep Narain Mathur, learned Senior Advocate assisted by Mr. Ashutosh Shukla, Advocate, learned counsel for petitioners, Mr. O.P. Srivastava, Senior Advocate, assisted by Mr. Kumar Ayush, learned counsel appearing for Lucknow Development Authority and perused the record.

(2.) Through this petition, the petitioners have challenged the order passed by the Lucknow Development Authority dated 25.10.2010, by means of which a demand has been made with the petitioners to deposit an amount of Rs.21,98,165/- by the Lucknow Development Authority.

(3.) The brief fGs, for disposal of present controversy, are that the petitioners purchased House No. 2/160, Vishwas Khand, Gomti Nagar, Lucknow from one Smt. Meenakshi Kohali and Mr. Vinod Kumar Kohali by way of a registered sale-deed. After execution of aforesaid sale-deed, the petitioners requested the Lucknow Development Authority for mutating their names. The name of the petitioners was thereafter mutated on 08.08.2000. It is to be noted that initially the house in question was allotted to one Smt. Kamar Jahan vide allotment letter dated 07.04.1984. Smt. Kamar Jahan had deposited all the dues as demanded by the Lucknow Development Authority and after completing all the formalities the Lucknow Development Authority executed lease-deed in favour of Smt. Kamar Jahan on 6th March, 1995. Smt. Kamar Jahan proposed to sell the house in question to one Smt. Meenakshi Kohali, for which permission was sought with the Lucknow Development Authority by means of application dated 06.03.1995 and the permission was ultimately granted vide order dated 03.05.1995. Thereafter, a registered sale-deed was executed by Smt. Kamar Jahan in favour of Smt. Meenakshi Kohali and Mr. Vinod Kumar Kohali on 04.05.1995. The aforesaid persons applied for mutation, however, when the names of Smt. Meenakshi Kohali and Mr. Vinod Kumar Kohali were not mutated, they filed Writ Petition being No.1867 (MB) of 1995 and on 07.07.1995 this Court had given a direction to the Lucknow Development Authority to clarify as to why the application submitted by the petitioners for mutation of their names was not being disposed of and three weeks' time was allowed to the Lucknow Development Authority to do the same.