RAM DULARI Vs. MORADABAD DEVELOPMENT AUTHORITY MORADABAD

JUDGEMENT

(1.) The petitioner, who is a destitute widow having lost her young son residing on rent in a dilapidated house, and who had applied for a house under a scheme floated by Moradabad Development Authority in 1993 and having paid in that regard a sum of Rs. 48,000 in all as evident from Annexure-2, has come up with a prayer to quash the Office Note/D.O. dated 2-4-1998 as contained in Annexure-3, and allotment order dated 2/4-4-1998 as contained in Annexure-4, allotting House No. 5, Navin Nagar Aswaasiya Yojna pursuant to order dated 12-12-1996 passed by Respondent No. 1 and to command Respondent Nos. 1 and 2 to allot that house to her.

(2.) She asserts as follows :-

(3.) In the counter affidavit filed on behalf of Respondent Nos. 1 and 2, which has been sworn by an Office Assistant of the Development Authority, the deposits made by the petitioner for the purposes of residential flat has been admitted. It has however, been asserted that merely because of the principle of first come first served the petitioner was not entitled to the allotment rather she is required to complete formalities; the allotment order of the disputed house was issued in compliance with the direction made by the Commissioner, Moradabad Division who is Chairman of the Moradabad Development Authority; there has been no arbitrariness in allotment of the house in favour of Respondent No. 3; she has an alternative remedy for seeking redressal of her grievances from the civil Court; and that the writ petition is misconceived.