DEEP NARAIN Vs. COMMISSIONER ALLAHABAD VIKAS PRADHIKARAN

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed for a writ of certiorari to quash the impugned order dated 3-12-1999. Annexure 1 to the writ petition and for a mandamus directing the respondents to handover charge of flat in question to the petitioner.

(2.) THE controversy relates to Plot No. 2/81 ESW Type II ADA Colony, Sulemsarai, Allahabad which was initially allotted to Deep Narain, and an agreement was executed in his favour. In paragraph 4 of the writ petition it is alleged that Deep Narain executed a power of attorney in favour of Munnu Lal Kesarwani on 24-1-1991 and since then the latter is looking after the aforesaid plot and is in possession over the same. THE Respondent No. 2 has issued a possession certificate in favour of Deep Narain. In paragraph 6 it is stated that since 24-1-1991 the petitioner has been continuously depositing the monthly instalments vide Annexure 2 to the writ petition.

(3.) IN our opinion there is no merit in this writ petition. It is well settled that writ jurisdiction is discretionary jurisdiction and we are not inclined to exercise our discretion in favour of the petitioner in this case. It is evident the Deep Narain purported to sell the property to Munnu Lal Kesarwani without permission from the A. D. A. which was clearly illegal. Moreover he has not deposited the instalments within time. Hence there was nothing illegal in cancelling the allotment in his favour. As regards the allegation that opportunity of hearing was not given to the petitioner it has been stated in paragraph 11 of the counter-affidavit that Deep Narain was asked by several letters of the A. D. A. to appear before it and explain his conduct but he did not appear. Thus opportunity of hearing was given to the petitioner. As stated in paragraph 12 of the counter-affidavit re-allotment has been done in favour of Respondent No. 3 who has deposited the entire amount.