Allahabad High Court
DROPATI YADAVversusKANPUR DEVELOPMENT AUTHORITY KANPUR NAGAR
- Decided
Holding
The court disposed of the writ petition without adjudicating the merits, directing the petitioner to approach the KDA with a detailed application and undertaking.
Summary
The petitioner, Dropati Yadav, filed a writ petition seeking to quash a press note dated 17 May 2013 issued by the Kanpur Development Authority (KDA) that purported to cancel the allotment of House No.13/25 (L.I.G.) in Ratanpur Colony, which had been allotted to her in December 2003 after payment of a registration fee. The petitioner claimed she remained in peaceful possession of the property and that the press note altered the plot location without prior notice. The KDA contended that, apart from the token money, the petitioner had not made any further payments, but asserted that the allotment had not been formally cancelled. The High Court, without expressing an opinion on the merits, found no useful purpose in keeping the petition pending and disposed of it, directing the petitioner to file a detailed application with a categorical undertaking before the Vice Chairman of KDA within two weeks, after which the competent authority would decide the matter within four weeks. The order effectively dismissed the writ petition and set a procedural pathway for the petitioner to seek relief.
Issues considered
- What is the appropriate remedy for a petitioner seeking to quash a press note that allegedly cancels an earlier property allotment?
- Whether the KDA’s press note, issued without prior notice, can be considered a valid administrative action affecting the petitioner’s rights.
- Whether the petitioner is required to make further payments beyond the registration fee to retain the allotment.
Subjects
- property allotment
- press note
- administrative action
- writ petition
- quashing order
- Kanpur Development Authority
- Uttar Pradesh
- procedural fairness
- land allocation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35339 of 2013
Dropati Yadav
.....Petitioner(s)
Versus
Kanpur Development Authority Kanpur Nagar
.....Respondent(s)
Counsel for Petitioner(s) : Ram Krishna Yadav
Counsel for Respondent(s) : Saroj Yadav
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri Ram Krishna Yadav, learned counsel for petitioner and Shri
Shivam Yadav, learned counsel for Kanpur Development Authority.
2. The instant writ petition has been preferred for quashing the impugned
Press-note dated 17.05.2013 issued by the respondent authority published in
daily newspapers namely "Dainik Aaj" so far as it proceeds to cancel the
allotment of House No.13/25 (L.I.G.), Ratanpur Colony, Panki, Kanpur
Nagar, which was duly allotted to the petitioner in the year 2003.
3. Learned counsel for the petitioner submits that Kanpur Development
Authority (in short, KDA) have initiated the proceedings for allotment of
plots/houses at Ratanpur, Panki, Kanpur Nagar in the year 2003. Pursuant to
the aforesaid proceedings, the petitioner had also submitted his application
and deposited Rs.15,000/- as registration fee. After completing necessary
formalities, the KDA vide allotment letter dated 01.12.2003 had allotted
property No. 13/25 L.I.G. with an area ad-measuring 68.11 square meters to
the petitioner, a copy of which is appended as Annexure no.3 of the writ
petition. He submits that on the basis of aforesaid allotment, the petitioner is
still in peaceful possession over the said property. Later on, by the impugned
press note, the location of the said plot has been changed without giving any
prior information to the petitioner.
4. Per contra, Shri Shivam Yadav, learned counsel for the KDA. relying
upon the averments made in the counter affidavit, vehemently opposed the
WRIC No. 35339 of 2013
2
writ petition and submits that except the deposit made qua the token money,
the petitioner has not deposited any amount till date. However, he fairly
submits that so far as the allotment of the petitioner is concerned, the same
has not been cancelled by the KDA.
5. Confronted with the situation, we find that no useful purpose would be
served in keeping the writ petition pending. In view of above, without
expressing any opinion on the merits of the issue and considering the facts
and circumstances of the case, this writ petition is disposed of finally giving
liberty to the petitioner to move an exhaustive application alongwith
categorical undertaking before the Vice Chairman, KDA within two weeks
from today. In case any such application/representation is moved within the
said period, the same shall be considered and decided by the competent
authority in accordance with law within next four weeks.
February 10, 2026
Prajapati RK
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
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