ZILA PANCHAYAT Vs. ROHIT SINGH

JUDGEMENT

(1.) HEARD Mr. Vivek Kumar Tripathi holding brief for Mr. Parmatman Prasad, learned Counsel for the appellant and Mr. Arvind Pratap Singh, learned Counsel for the respondent.

(2.) THE issue which arises for our determination merely pertain to the payment of interest on the amount deposited by the respondent with Zila Panchayat, Basti in connection with the allotment of two shops.

(3.) SHORTLY stated, the respondent Sri Rohit Singh's complaint case was that the two shops were allotted to him in an auction held on 6.2.1994. He deposited a total sum of Rs. 88,000.00 Rs.57,500.00 for shop No. l and Rs. 30,500.00 for shop No. 6 proposed to be constructed in village Mahripur, Zila Panchayat, Basti. Subsequent to the date of deposit, a dispute pertaining to the land on which construction was proposed had arisen between one Smt. Meena Kumari and the Zila Parishad, Basti. Smt. Meena Kumari claimed her title over the land in question and when her objection was not heeded to, she filed an appeal before the District Magistrate, Basti. The said appeal is said to be still pending but it is admitted to both the parties that construction of the two shops was stayed by the order of the District Magistrate passed in the said appeal. The complainant claimed his money back and when his request was not acceded to, he filed a complaint before the Forum below which was allowed on 30.3.2002. Feeling aggrieved of the said judgment Zila Parishad, Basti has preferred this appeal.