ASHOK BHUSHAN, R.SUBHASH REDDY, J. - (1.) Heard Shri Vishwajit Singh, learned counsel appearing for the appellants and Dr. Manish Singhvi, learned senior counsel appearing for the respondent.
(2.) This appeal has been filed against the order dated 07.07.2009 of the Division Bench of the Allahabad High Court, Lucknow Bench in Writ Petition No.3315(M/B) of 2005, by which order the writ petition filed by the respondent has been disposed of with a direction to opposite party to the writ petition to allot one plot to the respondent against the Registration No.L.W/P-2951(6). Appellant aggrieved by the said judgment has come up in this appeal.
(3.) The brief facts necessary to be noticed for deciding this appeal are: One Shri M.L. Sharma, the grandfather of the respondent got registration in his name in a scheme for HIG plot in the Housing Scheme of the appellant. On 16.09.1982 his application was registered with Registration No.L.W./P-2951(6). Shri M.L. Sharma wrote a letter to the appellant on 15.09.1983 that he has nominated his grandson i.e. respondent as his nominee and his mother Smt. Sudha Sharma as his guardian till he attains majority. Shri M.L. Sharma died on 09.06.1984. The Parishad sent a letter to Shri M.L. Sharma to deposit an additional amount of Rs.3,000/- as registration money due to escalation in price. However, pursuant to aforesaid request no additional amount was deposited rather Smt. Sudha Sharma wrote a letter to Parishad to refund the entire registration amount. Parishad wrote a letter on 22.08.1988 to Smt. Sudha Sharma to send the requisite documents i.e. Death Certificate etc. to complete the formalities necessary for obtaining a refund of the registration amount. The respondent wrote a letter dated 26.08.1997 to the Parishad requesting Parishad to transfer the Registration No.L.W./P-2951 from his grandfather's name to his name and allot him a H.I.G. plot in the Housing Scheme. The father of the respondent Dr. N.N. Sharma had also applied in the Housing Scheme and was allotted a plot. A Government order dated 11.10.2002 was issued providing guidelines for refund of registration money of unsuccessful applicants under various housing schemes of the State. In the Government order it was further directed that old registration of unsuccessful candidates would not be renewed under any circumstances and the unsuccessful candidates would have to apply afresh for registration. In compliance of the Government order dated 11.10.2002, the Parishad has also issued an advertisement in the newspaper dated 14.03.2003 to that effect and letter dated 14.09.2004 was also issued to the respondent regarding deposited amount against Registration No.L.W./P-2951(6). The respondent was communicated that registration is not valid and after completing the formalities mentioned therein he may seek refund of registration amount. The respondent wrote a letter dated 31.12.2004 wherein he reiterated his request for transfer of registration in his name and allot a plot. In the letter respondent mentioned that House No.1/41, Vikas Nagar is lying vacant and the said house should be allotted to him against the registration of his grandfather. A recommendation was also made on the letter dated 31.12.2004. On 18.03.2005, the Housing Commissioner refused to accept the request of respondent-Namit Sharma to transfer the registration of his grandfather Shri M.L. Sharma in his name. On 21.05.2005 another letter was issued by the office of the Parishad to the respondent informing that by virtue of Government order dated 11.10.2002 the registration in the name of his grandfather Shri M.L. Sharma is not there, hence, it is not possible to make any allotment of plot. It was further communicated that amount deposited can be taken back and respondent was intimated that if you are interested in getting any property of the Parishad, you can participate in the allotment process against specific property published from time to time after depositing required token money against the said property. ;