U.P. HOUSING & DEVELOPMENT BOARD & ANR versus NAMIT SHARMA

U.P. HOUSING & DEVELOPMENT BOARD & ANR versus NAMIT SHARMA

The High Court erred in directing allotment to the respondent because there was no subsisting registration or allotment in favour of the respondent or his grandfather after the Government order of 11.10.2002; the 31.12.2004 endorsement was only a recommendation and not an order by the Housing Commissioner; accordingly the writ petition was liable to be dismissed.

Parties
Appellant: U.P. Housing & Development Board & Anr.; Respondent: Namit Sharma
Jurisdiction
India
Judgment Date
03 February 2021
Procedural Posture
Civil Appeal / Appeal From Judgment of the High Court (division Bench) Disposed by Final Order of This Court
Outcome
Appeal allowed; order of the High Court dated 07.07.2009 set aside; writ petition dismissed.
Legal Topics
Registration, Allotment of Plots, Refund of Registration Money, Rule 47, Mandamus
Housing Administrative Law Writs Registration Allotment of Plots Refund of Registration Money Rule 47 Mandamus

Case Brief

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Parties

U.P. Housing & Development Board & Anr.

Appellant

Namit Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of the High Court (division Bench) Disposed by Final Order of This Court

Legal Issues

  1. 1 Whether mere registration confers a right to allotment of a plot
  2. 2 Whether old registrations were rendered ineffective by Government order dated 11.10.2002
  3. 3 Whether the endorsement dated 31.12.2004 constituted an order passed by the Housing Commissioner under the relevant Rule

Ratio Decidendi

The High Court erred in directing allotment to the respondent because there was no subsisting registration or allotment in favour of the respondent or his grandfather after the Government order of 11.10.2002; the 31.12.2004 endorsement was only a recommendation and not an order by the Housing Commissioner; accordingly the writ petition was liable to be dismissed.

Court Disposition

Appeal allowed; order of the High Court dated 07.07.2009 set aside; writ petition dismissed.

Orders

  • Allow the appeal and set aside the order of the High Court dated 07.07.2009.
  • Dismiss the writ petition filed by the respondent.