BHAKAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who is a Government servant, applied for grant of house building advance to the Collector, Jodhpur in the year 1983. THE claim of the petitioner is that he waited for sanction of the house building advance for years together but the house building advance was not sanctioned to him. However, a letter dated 6.7.1996 was received from the Collectorate, Jodhpur asking him to complete certain formalities. He was informed that unless he fulfils all the requirement as required vide the aforesaid letter, he will loose his seniority, which is maintained for grant of house building advance.

(2.) THE Municipal Board, Phalodi had issued a Public Notice for sale of various abadi plots at Adarsh Nagar, Phalodi. As per the requirement of the letter issued by the Collector (Awas), Jodhpur the petitioner had to enter into an agreement for purchase of plot. As per requirement of letter dated 6.7.1996 the petitioner purchased Plot No. 133 in Sector 2, Adarsh Nagar, Phalodi for a sum of Rs. 77,000/- on 24.7.1996. As per terms of sale of the municipal plot, the petitioner had to deposit earnest money of Rs. 1,000/- and 1/4th amount of cost of the plot amounting to Rs. 19,250/-.

(3.) THE petitioner replied to the said notice on 19.9.1997 and explained that loan was disbursed after six month and he had to compulsorily deposit the remaining 3/4th amount within one month. He has not intentionally committed any default. A communication was again received by the petitioner on 6.10.1997 to the effect that he has to return the loan amount with interest.