MEERABAI MIRDHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present writ appeal preferred under Sec. 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyyaypeeth Ko Appeal) Adhiniyam, 2005 by appellant against the order dated 1310-2025 passed by learned Single Judge in Writ Petition No.3569/2016, whereby petition preferred by the appellant (hereinafter referred to as "the petitioner") has been dismissed.

(2.) The matter pertains to cancellation of allotment of house No.A-62 allotted under Apna Ghar Scheme at Shatabdipuram, Gwalior. Petitioner being belonging to Economically Weaker Session (EWS) category was allotted house No.A-62 by respondent No.3 vide order dtd. 16/11/2004. In terms of the allotment order dated 1611-2004, the total cost of the house in question was Rs.52,500.00, against which petitioner deposited Rs.10,000.00 towards registration charges at the relevant time. Since petitioner did not pay the installments, therefore, she was served with a notice dated 14-082012 asking her to pay installment amount of Rs.3,98,417.00 as per the decision of the Board of Gwalior Development Authority (GDA) dtd. 8/6/2012, failing which the allotment would stand cancelled. Against the said notice, petitioner approached learned Writ Court by preferring W.P. No.6480/2012, which was disposed of vide order dtd. 14/9/2012, directing the respondents to afford an opportunity of personal hearing to the petitioner for redressal of her grievance and till such time, the respondents were restrained from taking any coercive action against the petitioner.

(3.) In compliance to the aforesaid order, petitioner appeared before the authorities. However, she was never informed regarding any decision and suddenly, the impugned order dtd. 28/4/2016 has been passed, whereby the petitioner has been informed that for non-deposit of the premium as well as the installments amount, the allotment order stands cancelled. Petitioner again preferred writ petition bearing No.3569/2016 and since the said petition was dismissed, therefore, she is before this Court.