JUDGEMENT
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(1.) HEARD Sri V.K. Jaiswal, learned counsel for the petitioner, learned Standing Counsel for the State, Sri A.S. Rana learneed counsel for the respondent nos. 2 and 3, Sri J.P. Pandey learned counsel for the respondent no. 4 and Sri H.P. Dube, learned counsel for the respondent no. 5.
(2.) THIS writ petition has been presented seeking the following reliefs: -
(i)issue a writ, order or direction in the nature of certiorari quashing the order dated 30.5.209 as well as the order dated 8.2.2004 passed by the respondent nos. 3 and 4.
(ii)issue a writ, order or direction in the nature of mandamus directing the respondent no. 4 to put the petitioner in possession over the flat no. L -3/7 allotted to him, vide letter of the respondent no. 4 No. SB/LIG/02 dated 8.3.02 in the Shiksha Inclave Apartment constructed by the respondent no. 4 in plot no. 11 Sector -6, Vasundhara, Ghaziabad.
(3.) THE brief facts of the petition are that in 1998, the respondent no. 4 published an advertisement in the newspaper 'Nav Bharat Times, New Delhi' giving opportunity to the public to own an exclusive house in the Shiksha Inclave Apaprtment situated in 66 Vasundhara, Ghaziabad Yojana Ghaziabad in three categories including Low Income Group. The petitioner applied for an L.I.G. flat under the aforesaid Scheme which was allotted to him vide letter No. SE/99/6 dated 10.2.2009. The petitioner deposited an amount of Rs.3,51,000/ - initially on different dates as mentioned in the writ petition. The petitioner deposited a total amount of Rs.4,85,000/ - as mentioned in the writ petition.
The respondent no. 4 sent a letter dated 8.2.2004 annexed to the writ petition stating that the petitioner was in dues of three instalments mentioned therein thereby cancelling his allotment on 8.2.2004.;
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