This court dismissed a writ petition challenging the cancellation of house allotment due to the petitioners' failure to deposit the demanded amount. The petitioner was given multiple extensions to cure defects and deposit the amount within the prescribed time, which is ultimately lacking.
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2023:RJ-JP:14536
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1747/2022
----Petitioners
Versus
----Respondents
For Petitioner(s) : None present For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
18/07/2023
None present on behalf of the petitioner.
On 04.04.2023, this Court passed the following order:-
“Defect(s) pointed out by the office has not been removed by the counsel for the petitioner since long time. As a last chance, three weeks’ time is allowed to remove the defect(s). It is made clear that if defect(s) are not removed by the petitioner then the matter will be decided on merits.
(2 of 3)
[CW-1747/2022]
List on 25.04.2023.”
Again, on 25.04.2023, this Court passed the following
order:-
“Counsel for the petitioner seeks further four weeks’ time to remove the defect(s). As a last chance, time prayed for is allowed. List on 17.07.2023.”
This writ petition has been filed by the petitioners with the
following prayers:-
“It is, therefore, most respectfully, prayed that this Hon’ble Court be pleased to call for the entire record relating to this case and after perusing the same ma be pleased to accept and allow this writ petition, and:-
(I) By issuing an appropriate writ, order or directions, the impugned orders dated 02/08/2021 (Annexure-8), whereby allotment of the houses no. 1/47,1/27-B) and 1/8 have cancelled, may kindly be quashed and set aside.
(ii) By issuing an appropriate writ, order or directions the respondents may kindly be directed for issuing fresh allotment letters to the petitioners and then accordingly direction for handing over the possession of the aforesaid houses to the petitioners with immediate effect, without any additional charge, on the previous rate, which they have already been deposited, in pursuance of the Pre-Eclipse Demand letters, with all consequential benefits. (iii) Any other appropriate writ, order of direction which this Hon’ble Court may deem think fit and proper may kindly be passed in favour of the petitioners. (iv) Costs of the writ petition may kindly be awarded in favour of the petitioners.”
Admittedly, the petitioners have failed to deposit the amount demanded by the respondents with regard to allotment of house within the prescribed time period, therefore, in my considered view, the allotment of house to the petitioners have rightly been cancelled by the respondents.
[CW-1747/2022]
(3 of 3)
In that view of the matter, no case is made out for interference by this Court under Article 226 of the Constitution of India.
Hence, the present writ petition stands dismissed.
(INDERJEET SINGH),J
Upendra Pratap Singh /9
3 issues framed by the court
Whether the High Court should intervene to set aside the cancellation of house allotment due to non-deposit of demanded amount.
Whether a writ petition filed for fresh allotment and possession should be allowed in the absence of deposit.
Whether interference under Article 226 of the Constitution is made out when the petitioner failed to deposit the amount within the prescribed time.
Altaf Hussain
Abhay Kumar Jain
Dinesh Kumar Nama
State Of Rajasthan
Chairman, Rajasthan Housing Board
Resident Engineer, Rajasthan Housing Board
Inderjeet Singh
As recorded by the court registry
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