BAIJU KUMAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 26.04.2012 whereby the learned Single Judge has dismissed a challenge thrown by the appellants to allot residential building on "lottery basis" instead of "first come first served basis". The appellants' case is that on 18th June, 2006 a notice was issued inviting applications for allotment of residential premises on "first come first served basis". Such applications was directed to be accompanied with an initial deposit of Rs. 5,000/- (Rupees five thousand) by way of earnest money and were to be made within 15 days of the advertisement.

(2.) On 20th June, 2003 a list was published indicating that allotment letters would be issued to the successful applicants as indicated therein. The appellants were one of such successful applicant. However, subsequently by notice dated 3rd July, 2006 the respondent authorities cancelled the earlier allotments and directed that the allotment would be made on lottery basis. Such change of stance was questioned before the learned Single Judge.

(3.) Learned Single Judge by the impugned order dismissed the writ application on the ground that no right had accrued in favour of the appellants/writ petitioners and that it was open to the respondent authorities to decide the manner in which allotment of such government largesse is to be made. Learned Single Judge further observed that allotment through lottery basis could not be said to be unjust or arbitrary in the facts of the case.