SUNIL PAL Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for the quashing of the order dated 20.2.2007 passed by the Assistant Property Officer Development Authority, Gorakhpur, whereby it was held that the property in question can be allotted/ sold only on lottery basis instead of first come first serve scheme as advertised.

(2.) Brief facts are that after allotment of number of residential flats under Rapti Nagar Residential Scheme of Development Authority, Gorakhpur, the Gorakhpur Development Authority, Gorakhpur was published an advertisement in the daily newspaper 'Dainik Jagran' dated 24.5.2006 inviting the applications for allotment of remaining residential flats under Rapti Nagar Residential Scheme, III Phase under the scheme of first come first serve on estimated cost fixed by the Development Authority, Gorakhpur. Pursuant to the aforesaid advertisement, the petitioner applied by depositing 10% estimated cost i.e. Rs. 38,755/- with the Gorakhpur Development Authority on 2.6.2006 and got registration for the said purpose. Further, the petitioner was sole applicant under the scheme advertised on 24.5.2006 and as such he was entitled for allotment of the flat under the scheme of first come first serve. The Development Authority instead of proceeding with the promise of first come first serve basis, has passed the order dated 20.2.2007 holding that the property in question can be allotted only on lottery basis.

(3.) Aggrieved from the said order, present writ petition has been filed.