MAHESH CHAND JAIN Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) Under challenge is the letter dtd. 31/7/2013 issued by the Estate Officer, Rajasthan Housing Board (RHB) informing the petitioner that his application dtd. 31/12/2012 to revive his registration No.02100 for allotment of a plot of MIG-B measuring 10.50 X 18 meters, under the General Registration Scheme 1982 had been dismissed. Also under challenge is the consequential letter dtd. 23/12/2015, whereby the petitioner's registration fee has been refunded to the extent permissible.

(2.) The facts of the case as set out in the petition are that the RHB in 1982 issued a General Registration Scheme for allotment at Jaipur of independent plots containing two bedrooms, one drawing room, multi purpose Baramda, kitchen, late-bath and proposed garage area in the MIG category. The petitioner applied for one on 28/12/1985 and was allotted priority No.02100. The petitioner's case is that RHB thereafter arbitrarily changed its scheme and offered to allot a flat in a multi-story building instead of an independent house vide letter dtd. 10/11/1993. That was not acceptable to him. This was conveyed to the RHB vide letter dtd. 8/4/1994 informing it that if the petitioner were not to be allotted an independent MIG house as per the schemes under which he was registered, legal proceedings against the illegality would be taken.

(3.) The petitioner then, leaving a yawning 16 years gap in the chronology of events, avers that on RHB's news paper notice dtd. 15/7/2010, purportedly requiring KYC documents from those registered with it and waiting for allotment of houses/ flats, he submitted the requisite documents on 22/7/2010. No response having received from RHB, the petitioner states to have contacted RHB officials, but was told his registration had been cancelled. It had been submitted that representation in writing and oral were then made against the arbitrary cancellation but to no avail. Then RHB vide its order dtd. 28/8/2012 notified a policy decision for restoration of cancelled registrations for allotment of houses/ flats built. In response, the petitioner states to have submitted an application for restoration of his registration of 1982 on 31/12/2012 with the requisite prescribed fee. The said application has been dismissed by the impugned letter dtd. 31/7/2013. Consequent to which the registration fee deposited in 1985 has been refined vide letter dtd. 23/12/2015, which is also under challenge.