UT OF J & K Vs. SATYA GUPTA

JUDGEMENT

(1.) The facts and the circumstances of the case, in the light of which the adjudication of the present Letters Patent Appeal (LPA) has to proceed, need to be set out.

(2.) The respondent in the case is the widow of one Kuldeep Kumar Gupta. The respondent's husband Kuldeep Kumar Gupta, upon coming across with an advertisement issued by the appellant no.2 i.e., J and K Housing Board, Jammu meant for allotment of developed residential plots at Housing Colony, Channi Himmat Jammu on 20 years lease basis, had come to apply for allotment of a plot. It was somewhere in October 1980 that the respondent's husband Kuldeep Kumar Gupta had so applied to the appellant no.2 which, vide its letter no. CH/11/903 dtd. 18/7/1983, came to order an allotment of a plot of 30'x55' dimension in favour of the respondent's husband Kuldeep Kumar Gupta.

(3.) After a while, the respondent's husband Kuldeep Kumar Gupta, by his application dtd. 13/10/1984, had applied to the appellant no.2 for the allotment of a regular size plot measuring 40'x80', than the plot 30'x55' so allotted, in response where to the appellant no.2 had called upon the respondent's husband Kuldeep Kumar Gupta to pay the enhanced cost for the allotment of the said sized plot of 40'x80'.