KP SHARMA Vs. MUNICIPAL CORPORATION BILASPUR

JUDGEMENT

(1.) By this petition, the petitioner seeks a writ in the nature of mandamus commanding the respondent to allot MIG-2 Delux House to the petitioner, alternatively refund the entire amount alongwith 18% interest from the date of deposit till the date of payment.

(2.) The brief facts, in nutshell, as projected by the petitioner are that pursuant to the advertisement dated 01.09.1998 (Annexure R-1), petitioner made an application for allotment of house in Nutan Chowk, Sarkanda, Bilaspur. The deposit of Rs. 83,750/- was accepted on 28.09.1999 by the respondent the then Bilaspur Development Authority. The petitioner was thereafter directed to deposit the amount in three installments. The petitioner, accordingly deposited the amount Rs. 83,750/- on 02.01.2000, Rs. 83,750/- on 21.03.2000, Rs.18,750/- on 17.07.2000 and Rs.65,000/- on 30.06.2000 (Annexure P-5). After the entire amount was deposited, the petitioner received a letter dated 27.02.2001 (Annexure P-6) calling upon the petitioner to remain present before the authorities on 15.03.2001 for selection of the house. On reaching there, the petitioner was informed that no house was available for the petitioner. Thereafter, the petitioner made a representation on 16.03.2001 (Annexure P- 6A) to the Chairman of the, then, Bilaspur Development Authority. Then one more representation was made on 26.04.2001 (Annexure P-7).

(3.) Shri Sharma, learned counsel appearing for the petitioner submits that one similarly situated Smt. Ranu Trivedi, who was also denied allotment of the house, approached this Court in W.P. No.438/2001 being parties Smt. Ranu Trivedi v. Bilaspur Development Authority & Another. This Court, by order dated 19.10.2001 (Annexure P-9) directed the Bilaspur Development Authority to proceed with the allotment expeditiously. Accordingly, thereafter the allotment was made to Smt. Ranu Trivedi.