RADHAMANI SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this writ petition with the following prayer : - "It is therefore prayed that this Honble Court may graciously be pleased to admit this writ application and notices be issued to the O.Ps. to show cause and after hearing both the sides, appropriate writ/writs may be issued to the O.Ps. as a whole and O.P. Nos.2 and 3 more particularly with the following directions, such as : (a) to fix up the rate of interest @ 18% for payment to the allottees by modifying the clause -13(A) in view of the clause -9(C) of SVM core Housing Scheme brochure; (b) to pay the interest to the petitioner @ 18% on the deposited amount since the date i.e. 1.2.95 when second instalment was paid till the date of actual physical possession was handed over i.e. 24.6.98 within a stipulated period; (c) to pay the pendentilite interest and future interest on the interest due (as per clause -b) as on 24.6.98 (the date of physical possession) till the date of realization; (d) And pass such other and further order/orders, direction/directions as deems it and proper under the fitness of the facts and circumstances of the case. And for this act of kindness the petitioner, as in duty bound shall every pray."

(2.) IN response to an advertisement published by the opp.parties for allotment of MIG Core Houses at Samanta Vihar, Bhubaneswar, the petitioner filed an application with EMD of Rs.25,000/ - interms of the brouchure (Annexure -A/3) which was duly received and acknowledged by the opp.parties 11.7.1994. On being selected, she was allotted a core house and was intimated by the opp parties about such allotment vide their letter No.9459/AL/BDA dated 17.11.1994 (Annexure -2) stipulating the instalments to be paid by her as per the following schedule: Sl.No. EMD No. AMOUNT (Rs.) DUE DATE 1. 2nd Rs. 75,000/ - Dt.05.02.95 2. 3rd Rs. 45,000/ - Dt.05.05.95

(3.) 5th Rs. 45,000/ - Dt.05.11.95