Muhammad Sharif v. State of U.P. Thru. District Magistrate Amethi and 6 Others

Court No. - 3 Case :- WRIT - C No. - 6791 of 2023 Petitioner :- Muhammad Sharif Respondent :- State Of U.P. Thru. District Magistrate Amethi And 6 Others Counsel for Petitioner :- Shyam Bahadur Counsel for Respondent :- C.S.C.,Kunwar Sushant Prakash,Sanjeev Singh Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard counsel for the parties.

¶2Petitioner has approached this Court claiming that he was allotted a residential Plot No. B-79/1, measuring area-192 square meter, Sector 5, Phase-1, situated in Industrial Area-Jagdishpur, District Amethi in the year 2009 and the entire amount has been deposited by the petitioner but the possession of the same was never provided to the petitioner.

¶3Sri Kunwar Sushant Prakash, learned counsel for the UPSIDA states that the said plot is no more available and respondents are therefore asked to provide the availability of alternative plots. Along with a short counter affidavit in paragraph 3, certain plots are identified as available to the petitioner.

¶4Counsel for the petitioner states that the said plots are only of 72 square metres each. Plot nos. E 275 & E 276 adjacent are both of 72 square metres.

¶5In the given facts and circumstances, it is provided that the aforesaid two plots total area 144 square metres shall be provided to the petitioner by the respondent authorities and for the remaining deficiency of the area i.e. 48 square metres, the differential amount entitled to the petitioner shall be returned to him along with 6 % interest.

¶6The aforesaid exercise shall be concluded including execution of sale deed and difference of amount in favour of the petitioner within a period of two months.

¶7With the aforesaid direction, the writ petition stands disposed of. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 27.10.2023 Nitesh High Court of Judicature at Allahabad, Lucknow Bench