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Judgment
The prayer of the petitioner is t6 command Respondent No. 1Allahabad Development Authority, Allahabad, to allot 40'' x 32'' open land out of Plot No. 416 situated in front of her old Plot No. 28B/76B, Allahpur (Dadiya), Allahabad in Telisil and District Allahabad.
Her case in short is to this effect: Old Plot No. 28B/76B was acquired by her by registered; saledeed dated 411972 which was situated by the side of 80'' wide road proposed by the Nagar Mahapalika, Allahabad. Out of the aforementioned land 40'' wide area was acquired by Respondent No. 1 by] plotting and allotment to others. Respondent No. 1 reduced 80''wide road proposed by the Nagar Mahapalika, Allahabad to 40 wide road. Respondent No. 1 allotted 40'' wide area to those persons in whose front the reduced 40'' wide land is situated. The petitioner moved an application dated 281996 before Respondent No. 1 for allotment of the land in question in view of the fact that if it is not allotted to her in that event she cannot enter to and come out of her house. A notice dated 8111986 was sent to her from the office of Respondent No. 1 for regularisation of the land acquired by depositing a sum of Rs. 21,300 @ of Rs. 150 per sq. yard. She approached Respondent No. 1 and requested for part payment of the charges and deposited a sum of Rs. 5,000 on 481987 and a further sum of Rs. 2i 000 on 521991 vide receipts as contamed in Annexures 6 and 7. She further deposited a sum of Rs. 2,000 in part deposit towards regularisation charges vide Annexures5. As Respondent No. 1 did not allot the land in question still, she filed another application dated 2861991 (Annexure8 to this petition) before the Commissioner/Chairman, Allahabad Division/Development Authority, Allahabad to allot the land. She received a letter dated 2891991 (Annexure9) informing her that pursuant to the order dated 1791991 passed by the Deputy Chairman proceedings for regularisation of the land in her favour is under consideration. The petitioner heard a rumour that Respondent No. 1 is going to allot the disputed land to a third person without disclosing any reason. Accordingly, she filed yet another application dated 1391991 (Annexure10) before Respondent No. 1. On 361992 she deposited site plan fee Rs. 60/ and received a receipt (Annexure11). Even though she had completed all formalities but without any effect and hence on 1561992 she filed yet another application before Respondent No. 1 as well as the Chairman, Allahabad Development Authority, Allahabad (Annexure12 and 13) but without any result and hence this writ petition.
No counteraffidavit has been filed by the Respondents.
Sri P.R. Maurya, learned Counsel appearing in support of this writ petition contended that the facts stated by the petitioner speak for themselves which have not been controverted and thus the reliefs be granted.
We are handicapped on account of absence of any counter affidavit. Be that as it may, we are of the view that in the peculiar facts and circumstances the petitioner was entitled to know about the fate of her applications filed from time to time. She has deprived of this.
Accordingly, we dispose of this writ petition directing Respondent No. 1 to dispose of her application by assigning reasons, if they have not been disposed of as yet, within one month from the date of receipt of a copy of this order, or if they were disposed of then for its communication within two weeks from the date of receipt of a copy of this order from any quarter.
No cost.
The office is directed to handover a copy of this order within one week to Sri J.N. Sharma, learned Counsel who had entered on behalf of Respondent No. 1 for its communication to and follow up action by Respondent No. 1. Petition disposed of.