KRISHNA KALA Vs. U P AWAS VIKAS PARISHAD

JUDGEMENT

(1.) Heard learned Counsel for the petitioner Sri Pankaj Kumar Srivastava and Sri Madan Mohan, learned Counsel appearing for the respondents. By this writ petition, the petitioners have prayed for quashing the order dated 4.2.2003 by which, the Assistant Housing Commissioner cancelled the registration and allotment in favour of the petitioners. The petitioners on the basis of submission of caste certificate of reserved category of SC/OBC were allotted house in the year 2002. A complaint was received regarding registration and allotment as well as the caste certificate.

(2.) A report was submitted that the caste certificates were obtained by showing wrong address. Exercising the power under Regulation, the allotments were cancelled on 31.3.2002. The writ petition was filed by the petitioners challenging the order dated 31.3.2002 which petition was allowed on 15.4.2002 on the ground that the impugned order did not disclose that the District Magistrate or respondent No. 1 had given any opportunity to the writ petitioners.

(3.) Subsequent to the order of this Court, notices were issued to the power of attorney holders as well as the allottees at their given address by the U.P. Avas Evam Vikash Parishad. Although power of attorney holders appeared before the U.P. Avas Evam Vikash Parishad and submitted their reply but the original allottees never appeared. Subsequently, the U.P. Avas Evam Vikash Parishad directed the power of attorney holders to appear alongwith the original allottees with original documents on 3.10.2002.