RIFAT ARA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) In the instant letters patent appeal, the appellant has challenged the order passed by the learned Single Bench on 29/5/2018, in OWP No. 1162/2016, in terms whereof, the learned Single Bench while disposing of the writ petition had directed the respondents that in case the amount in question is still not refunded to the account of the petitioner, the same shall be refunded to the account of the petitioner within a period two weeks from today, failing which the same shall carry interest @6% per annum from the date the amount was refunded to the others, till the same is refunded to the petitioner.

(2.) The claim made in the writ petition has reference to the petitioner having applied for allotment of plot for residential purpose way back in the year 1998 before Jammu and Kashmir Housing Board, Srinagar. It is submitted that an amount of Rs.7500.00 was deposited by the petitioner/appellant herein against receipt vide Bank Draft No. 1240328 dtd. 22/1/1999. Thereafter, the petitioner time and again approached the respondents for allotment of residential plot in her favour, however, same has not been allotted in favour of the petitioner/appellant herein, and therefore, the petitioner/appellant herein filed the writ petition seeking direction on the respondent to take steps for allotment of plot of land of the dimensions 25x40 Sqft in the Housing Colony Zakoora or any other Housing Colony at Bemina, Rawalpora, Sanatnagar, Srinagar, with further prayer to pay suitable/appropriate compensation to the petitioner who has been put to severe difficulties and grave hardships and whom serious torture has been caused due to non-allotment of plot of land to her since she applied for it way back in 1998- 1999. The stand taken by the respondents in the writ petition is already taken note of by the learned Single Bench, wherein, it is submitted that the applications were invited in the year 1998 for allotment of residential plots at Zakoora, but due to poor response, the scheme was closed and no plot was allotted to any person, as such, the persons who having made the payment of registration, fee was returned to them including the petitioner.

(3.) Heard learned counsel for the parties, perused the record and considered the matter.