Writ Under Article 226 MS Civil
Code:
Group:
Misc. Bench
District-Ayodhya
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, AYODHYA BENCH, LUCKNOW
Writ Petition
No. (Writ-C-2) of 2022
Ramesh Pal & another ………Petitioners
Versus
State of U.P. …..…….Opp.
Parties
INDEX
|
Sl.No. |
Particular
of papers |
Page No. |
|
1 |
Date
& Events |
Separate |
|
2 |
Application
for Interim Relief |
Separate |
|
3 |
Memorandum
of Writ Petition |
|
|
4 |
Annexure
No.-1 The copy of order 15.06.2021 along with the agenda of meeting dated
10.06.2021 and the order dated 29.10.2021 |
|
|
5 |
Annexure
No.-2 A copy of the application along with Challan dated 16.05.2019 |
|
|
6 |
Annexure
No.-3 The copy of the Government order dated 27.07.2020 |
|
|
7 |
Annexure
No.-4 The copy of the application dated 16.03.2021 |
|
|
8 |
Annexure
No.-5 The copy of application dated 20/21.10.2021 |
|
|
9 |
Annexure
No.-6 The copy of the government order dated 15.01.2015 |
|
|
10 |
Affidavit |
|
|
11 |
I.D. Proof of the deponent |
|
|
12 |
Vakalatnama |
|
Lucknow (Vinod Kumar Pandey)
Dated:
Advocate
Counsel for petitioners
AOR No. B/V 0839
Mob-9415381583
Code:
Group:
Misc. Bench
District-Ayodhya
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, AYODHYA BENCH, LUCKNOW
Writ Petition
No. (Writ-C-2) of 2022
Ramesh Pal& another ………Petitioners
Versus
State of U.P. .…….Opp.
Parties
DATE & EVENTS
|
Sl.No. |
Dates |
Events |
|
1 |
|
The petitioners are the allottee of Najool Plot No.-54X situated at
Batlarganj Ayodhya whose annual lease rent is deposited till 31.03.2021. |
|
2 |
16.05.2019 |
The petitioners has applied for free hold the aforesaid Najool plot as
per the government scheme and deposited Rs. 1,41,24,500/- through Challan
No.-EG61040 dated 16.05.2019. |
|
3 |
|
The petitioners have completed all the formalities but the plot was
not declared free hold for the reasons not known to the petitioners. |
|
4 |
27.07.2020 |
The state government has stayed all the schemes of free hold the
najool land till further orders. |
|
5 |
16.03.2021 |
The petitioners has demanded their money deposited for free hold with
interest as provided in the G.O. dated 15.01.2015 |
|
6 |
15.06.2021 |
An order was passed by the authority concern on the basis of board
meeting dated 10.06.2021 by which it was decided that the money deposited by
the petitioners would be returned on the condition that they never claim the
interest. |
|
7 |
10.08.2021 |
In pursuance of the order dated 15.06.2021 the money was transferred
in the account of the petitioners through NEFT |
|
8 |
20/21.10.2021 |
The petitioners have moved an application that they may be given
interest on the money deposited by them as per the G.O. dated 15.01.2015. |
|
9 |
29.10.2021 |
The application dated 20/21.10.2021 is rejected in terms of the board
meeting dated 10.06.2021. |
|
|
|
Hence this petition. |
Lucknow (Vinod
Kumar Pandey)
Dated:
Advocate
Counsel for petitioners
AOR No. B/V 0839
Mob-9415381583
Code:
Group:
Misc. Bench
District-Ayodhya
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, AYODHYA BENCH, LUCKNOW
C.M.
Application No. of 2022
In:re
Writ Petition
No. (Writ-C-2) of 2022
5 Rs Stamp
1. Ramesh
Pal, aged about 66 years, S/o Late Rajendra Verma,
2. Smt.
Rekha Pal, D/o Late Rajendra Verma,
All resident of-K-42, Lovisville-8, 6th
floor, South Extension, Part-3, New Delhi-110048.
…………Petitioners
Versus
1. State of U.P. through Principal
Secretary, Civil Secretariat, Ayodhya.
2. District Magistrate, Ayodhya.
3. Najool Officer, Ayodhya
Development Authority Ayodhya.
4. Ayodhya Development
Authority Ayodhya through its Vice President.
…..…….Opp. Parties
Application for Interim Relief
The petitioners most
respectfully submit as under: -
For the facts and reasons & circumstances mentioned in the accompanying
writ petition duly supported by an affidavit, it is most respectfully prayed
that during the pendency of this writ petition, this Hon’ble Court may kindly
be pleased to direct the Opp. Parties to give the interest to the petitioners
as provided in the G.O. dated 15.01.2015 on the money deposited by them for
free hold the Najool Plot No.-54X situated at Batlarganj, Ayodhya.
Such other orders, as may
deemed just and proper, be also passed.
Lucknow (Vinod
Kumar Pandey)
Dated:
Advocate
Code:
Group: Misc. Bench
District-Ayodhya
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, AYODHYA BENCH, LUCKNOW
Writ Petition
No. (Writ-C-2) of 2022
100 Rs Stamp
1. Ramesh
Pal, aged about 66 years, S/o Late Rajendra Verma,
2. Smt.
Rekha Pal, D/o Late Rajendra Verma,
All resident of-K-42, Lovisville-8, 6th
floor, South Extension, Part-3, New Delhi-110048.
…………Petitioners
Versus
1. State of U.P. through Principal
Secretary, Civil Secretariat, Ayodhya.
2. District Magistrate, Ayodhya.
3. Najool Officer, Ayodhya
Development Authority Ayodhya.
4. Ayodhya Development
Authority Ayodhya through its Vice President.
..…….Opp. Parties
Writ Petition
under article 226 of the constitution of India
To,
The Hon’ble Chief Justice,
& other Hon’ble
companion Judges of this Hon’ble Court.
The petitioners beg to submit as under: -
1. That this is the first writ petition filled
by the petitioner’s U/A- 226 Constitution of India and the petitioners have not
filed any other writ petition before this Hon’ble Court or at Allahabad for the
same relief.
2. That the petitioners further declare that they
have not received any caveat or notice by any of the opp. parties through Regd.
Post or any other sources.
3. That the present petition is being filed
for quashing the order dated 15.06.2021 along with the agenda of meeting dated
10.06.2021 and the order dated 29.10.2021 by which the authority concern has
denied to give the interest as provided in the G.O. dated 15.01.2015 to the petitioners
on the money deposited by them on 16.05.2019 for free hold the Najool Plot
No.-54X situated at Batlarganj Ayodhya. The copy of order 15.06.2021 along with
the agenda of meeting dated 10.06.2021 and the order dated 29.10.2021 are collectively
being annexed herewith as Annexure
No.-1 to this writ petition.
4. That the brief facts of the case are as
that petitioners are the allottee of Plot No.-54X area 14837 Sq. Ft. situated
at Batlarganj, Ayodhya whose annual lease rent is deposited till 31 March 2021.
5. That the petitioners has applied for free
hold the aforesaid plot as per the scheme of the State government and has
deposited Rs. 1,41,24,500/- (Rupees One Crore Forty-One Lac Twenty-Four
Thousand and Five Hundred only) through Challan No.-EG-61040 dated 16.05.2019.
A copy of the application along with Challan dated 16.05.2019 is being annexed
herewith as Annexure No.-2 to
this writ petition.
6. That the petitioners has completed all the
formalities but due to the reason not known to the petitioners the said plot
was not declared free hold and the sale deed was not done in their favor.
7. That vide government order dated 27.07.2020
all the government order for free hold the najool land was stayed till further
orders. The copy of the Government order dated 27.07.2020 is being annexed
herewith as Annexure No.-3 to
this writ petition.
8. That when the petitioners came to know
about the government order 27.07.2020 the petitioner No.-1 has moved an
application dated 16.03.2021 to return the money deposited by the petitioners along
with the interest as provided in the Government Order dated 15.01.2015 for free
hold the najool plot No. 54X before the O.P. No.-3. The copy of the application
dated 16.03.2021 is being annexed herewith as Annexure No.-4 to this writ petition.
9. That on application moved by the petitioner
No.-1 dated 16.03.2021 a meeting was organized on 10.06.2021 and it was decided
that the money deposited by the petitioners would be returned on condition that
the petitioners did not claim the interest and order was passed on 15.06.2021.
10. That it is pertinent to mention here that the
petitioners were not informed about the meeting dated 10.06.2021 and the order
was passed without the consent of the petitioners.
11. That after the order dated 15.06.2021 Rs.
70,62,000/-(Rupees Seventy Lack Sixty-Two Thousand only) was transferred through
NEFT in the account of petitioner No.-2 and Rs. 70,62,000/-(Rupees Seventy Lack
Sixty-Two Thousand only) was transferred through NEFT in the account of petitioner
No.-1 on 08.10.2021.
12. That when the money was credited in the
account of the petitioners, the petitioner No.-1 moved an application dated
21.10.2021 and demanded the interest as provided in the government order dated
15.01.2015. The copy of application dated 20/21.10.2021 is being annexed
herewith as Annexure No.-5 to
this writ petition.
13. That the said application was also decided vide
order dated 29.10.2021 in terms of proposal dated 10.06.2021.
14. That the government order dated 15.01.2015 clearly
shows that the money deposited for free hold would be returned @ 5% simple
interest. The copy of the government order dated 15.01.2015 is being annexed
herewith as Annexure No.-6 to
this writ petition.
15. That the petitioners have deposited Rs.
1,41,24,500/- (Rupees One Crore Forty-One Lac Twenty-Four Thousand and Five
Hundred only) through Challan No.-EG-61040 dated 16.05.2019 and the said amount
was returned in the account of the petitioners through NEFT on 08.10.2021
without the interest.
16. That when the petitioners have applied for
free hold the najool plot the government order No.-1/416/8-4-14-137N/2013 dated
04.03.2014 and government Order No.-3/2015/107/8-4-15-137N/2013 dated
15.01.2015 are in force.
17. That the petitioners themselves do not want
their money but when the State has stopped the free hold scheme until further
orders only then the petitioners applied for return the money deposited by them.
18. That the order dated 15.06.2021 which was
passed on the basis of Board meeting dated 10.06.2021 is against the government
order dated 15.01.2015.
19. That the order passed by the authority
concerned is the violation of the government order dated 15.01.2015.
20. That the decision taken in board meeting
dated 10.06.2021 is without the consent of the petitioners and is the against
the G.O. dated 15.01.2015.
21. That the petitioners have applied for return
of money when the state government has stopped the scheme of free hold till
further orders.
22. That the petitioners having no other
efficacious and alternative remedy is invoking the jurisdiction of this Hon’ble
Court U/s 226 Constitution of India and is preferring this petition on the
following grounds: -
GROUNDS OF WRIT PETITION
(A) Because, the petitioners were the allottee
of Najool Plot No.-54X situated at Batlarganj, Ayodhya whose rent was deposited
till 31.03.2021.
(B) Because, the petitioners have applied for
free hold the aforesaid Najool plot as per the government order dated
15.01.2015 and has deposited Rs. 1,41,24,500/- (Rupees One Crore Forty-One
Lacks Twenty-Four Thousand and Five Hundred Only) on 16.05.2019.
(C) Because, the free hold scheme of Najool
plots was stayed vide government order dated 27.07.2020 till further orders.
(D) Because, when the free hold scheme was
stayed by the government the petitioners have applied for returned of their
money deposited by them as per the G.O. dated 15.01.2015 with interest.
(E) Because, on application moved by the
petitioners dated 16.03.2021 a meeting was organized by the board and it was
decided that the money would be returned only on condition that the petitioners
did not claim the interest.
(F) Because,
they said order was passed without informing the petitioners and without their
consent.
(G) Because, the state has refunded the money
deposited by the petitioners through on NEFT 08.10.2021.
(H) Because, on receiving the money through NEFT
the petitioners moved an application dated 20/21.10.2021 and demanded the
interest on the money deposited by them but the same was also rejected vide
order dated 29.10.2021.
(I) Because, the act of the respondents is
against the government order dated 15.01.2015.
(J) Because, the order in question was passed
without informing the petitioners and without their consent.
(K) Because, the petitioners are entitled to get
the interest on the money deposited by them for free hold the Najool Plot
No.-54X situated at Batlarganj, Ayodhya.
PRAYER
Wherefore it
is prayed that this Hon’ble Court may kindly be pleased to issue: -
i.
A writ, order or directions in the nature of certiorari
by quashing the order dated 15.06.2021 along with the meeting of agenda dated
10.06.2021 and order dated 29.10.2021 contained herewith as Annexure No.-1 to
this writ petition.
ii.
To issue a writ order or direction in the nature mandamus
commanding the Opp. Parties to given the interest to the petitioners as
provided in the G.O. dated 15.01.2015 on the money deposited by them for free
hold the Najool Plot No.-55 X situated at Batlarganj, Ayodhya.
iii.
Any other writ, order or direction which this
Hon’ble Court deems fit and proper as the circumstances of the case, be also passed
in favor of petitioners and against the Opp. Parties.
Lucknow (Vinod
Kumar Pandey)
Dated:
Advocate
Counsel for petitioners
Code:
Group:
Misc. Bench
District-Ayodhya
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, AYODHYA BENCH, LUCKNOW
Writ Petition
No. (Writ-C-2) of 2022
10 Rs Stamp,
Photo, Coupan
1. Ramesh Pal, aged about 66 years, S/o Late Rajendra Verma,
2. Smt. Rekha Pal, D/o Late Rajendra Verma,
All resident of-K-42, Lovisville-8, 6th
floor, South Extension, Part-3, New Delhi-110048.
…………Petitioners
Versus
1. State of U.P. through Principal
Secretary, Civil Secretariat, Ayodhya.
2. District Magistrate, Ayodhya.
3. Najool Officer, Ayodhya
Development Authority Ayodhya.
4. Ayodhya Development Authority Ayodhya through its Vice President.
….……. Opp. Parties
Affidavit
I, Ramesh Pal, aged about
66 years, S/o Late Rajendra Verma, R/o-K-48, Lovisville-4, 9th
floor, South Extension, Part-6, New Delhi-110048 Qualification-I.A.S.
Religion-Hindu, Profession-Regd. from service, do hereby solemnly affirm on take
oath as under: -
1. That the deponent is the
petitioner No.-1 and is doing pairavi on behalf of petitioner No.-2 in above
noted writ petition and as such he is fully conversant with the facts of the case.
2. That the contents of paras 1,
2, 4, 5, 6, 9, 10, 11, 12, 17, 20 & 21 of the accompanying writ petition are
true to my own personal knowledge and those of paras- 7, 8, 13, 14 & 15 are
believed to be true on the basis of record and those of paras- 3, 16, 18, 19,
20 & 22 are believe to be true on the basis of legal advice received by me.
3. That the Annexure No. 1 to 6
is the true copy of its respective original.
Lucknow
Dated: Deponent
Verification
I the above-named deponent do hereby verify that the contents of paras 1
to 3 of this affidavit are true to my own personal knowledge. No part of this
affidavit is false and nothing material has been concealed. So help me God.
Lucknow
Dated: Deponent
I, identify the deponent on the basis of record produced by him in the
above noted case who has signed before me.
(Vinod Kumar Pandey)
Advocate
Mob-9415381583
Solemnly
affirmed before me on ……………… at ……
a.m./p.m. by Ramesh Pal the deponent who has been identified by Sri Vinod
Kumar Pandey Advocate High
Court, Lucknow bench, Lucknow.
I, have satisfied myself by examining the deponent that he understands the contents of this affidavit which has been read over and explained to him by me.
OATH
COMMISSIONER
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