Judgment · High Court

HON'BLE MR.JUSTICE DALIP SINGH Mr.R.P.Vijay, for the petitioner. ***** The petitioner in this writ petition has challenged the demand notice dated 30.05.2008 by which the petitioner has been informed that the price of the flat for which the petitioner applied in the group housing multi-storied flat in Mansarover has been raised to Rs.27,94,000/- and the petitioner is required to deposit 10% of the amount. The contention of the petitioner is that as per the scheme published by the Rajasthan Housing Board in respect of the scheme in question, the estimated cost of the flat has been given as Rs.19,13,400/- and the registration amount had been fixed as Rs.60,000/- which the petitioner had deposited and the balance amount of Rs.18,53,400/- was to be deposited in four installments. The contention of the petitioner is that vide impugned order not only has the price been raised from Rs.19.00 lacs to Rs.27.94 lacs but instead of the initial deposit for registration having been fixed as Rs.60,000/-, the respondents are claiming an amount of Rs.2.79 lacs being 10% of the cost. 2 Learned counsel for the petitioner has not been able to show as to what is the statutory right of the petitioner to seek the allotment on the terms and conditions as originallay notified and published, which has been filed as Annexure-1. In the facts and circumstances, therefore, I am not inclined to interfere in the writ jurisdiction under Article 226 of the Constitution of India. If the petitioner has any grievance, the petitioner is free to raise the same by means of a suit or otherwise, if so advised. Learned counsel for the petitioner submitted that in view of the fact that the order dated 30.05.2008 had been challenged by the petitioner by means of the present writ petition, the petitioner may be now permitted to deposit the amount which has been demanded vide order dated 30.05.2008. In the facts and circumstances, it is directed that the respondents shall permit the petitioner to deposit the amount in pursuance of the demand order dated 30.05.2008 filed as Annexure-4 to this writ petition and enlarge the time upto 31.08.2008. Subject to the above, the writ petition stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.