DINESH KUMAR AGARWAL Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) BY THE COURT:

(2.) THIS petition under Section 114 read with Order 47 Rule 1 Code of Civil Procedure and under Article 226/227 of the Constitution of India has been filed by the Rajasthan Housing Board seeking review of the judgment dated 4/11/1997 passed by the Single Bench of this Court in S.B. Civil Writ Petition No. 1642/1993 filed by writ Petitioner Dinesh Kumar Agarwal.

(3.) ACCORDING to the Petitioner, his father Shri R.S. Kejriwal, then an Hon'ble Judge of this Court, applied for HIG house in Sanganer on Hire Purchase Scheme of the Rajasthan Housing Board in the year 1982 under 'General Registration Scheme' and deposited Rs. 10,000/ -as registration amount. Estimated cost of the house was Rs. 1,00,000/ - and a sum of Rs. 30,000/ -was to be deposited after allotment of the house to the applicant. His uncle, Shri V.P. Agrawal also applied for the HIG house in Sanganer Scheme in the year 1982 about the same time and was allotted a house vide allotment -cum -possession letter dated 3/12/1991. Area of the plot was 236.25 square meters and the cost of the present plot was shown as Rs. 85,320/ -. Construction cost of the said plot was shown as Rs. 1,69,480/ - and Rs. 6,244/ - was shown as ancillary service charges thus; total amount of Rs. 2,07,595.94 was demanded. However, despite persisted enquiry by the father of the Petitioner, no satisfactory answer was given as to what happened to his application for allotment of a house. His father thereafter submitted an application on prescribed fee for transfer of the registration of the house in the name of the Petitioner. Petitioner received information vide letter dated 3/3/1992 from the Estate Officer of the Housing Board that a house has been reserved for writ -Petitioner and he should deposit first installment of Rs. 20,000/ -, second installment of Rs. 20,000/ - and third installment of Rs. 10,000/ -, respectively. Writ -Petitioner accordingly deposited the first installment of Rs. 20,000/ - on 13/3/1992 and then he submitted an application to the Estate Manager, Circle -I of the Board requesting that though he was registered for HIG house under Hire Purchase Scheme, but it was learnt that allotment of house in the ORS Scheme, was being made earlier. He submitted an option with a condition that he should be allotted the structure of the independent HIG house in ORS Scheme. Instead of sending reply of this letter to the writ -Petitioner, the Estate Manager of the Housing Board addressed a letter dated 16/7/1992 to his father, the earlier registration holder, whereby application was registered for allotment of structure of independent HIG house in ORS Scheme, as per option exercised by the writ -Petitioner and his priority was enumerated therein. Thereafter, one allotment letter was received by the writ -Petitioner from the Board on 15/12/1992 by which HIG House No. 32/12 was allotted to him in Sanganer Scheme and the date of allotment was shown as 18/7/1992 and the size of the plot was shown as 236.25 square meters, the cost of the land was shown as Rs. 1,00,725/ - and constitution cost thereof was shown as Rs. 2,54,975/ -. Amount of Rs. 15,376/ - was shown as ancillary charges (ACS) and Rs. 2,518.12 was shown as lease money and interest thereon of Rs. 4,800/ - was charged on outstanding seed money; thus total cost of the house was shown as Rs. 3,78,394.12. A credit of advance money of Rs. 10,000/ - and interest thereon of Rs. 7,866.66 thus; in total, a credit of only Rs. 17,866.66 was given to him whereas, no adjustment was made of the amount of Rs. 20,000/ - already deposited by the writ -Petitioner on 13/3/1992. Even though a lottery was organized in March 1992 but name of the writ -Petitioner was not included in that lottery after change of option was accepted by the Board and instead, an exorbitant amount was asked to be deposited for allotment of the HIG house in Sanganer Scheme, which is why the Petitioner was constrained to file the writ petition.