- (1.) This writ petition has been filed for the quashing of the order dated 20.2.2007 passed by the Assistant Property Officer Development Authority, Gorakhpur, whereby it was held that the property in question can be allotted/ sold only on lottery basis instead of first come first serve scheme as advertised.
(2.) Brief facts are that as per State Government's guideline issued on 4.11.1999 under U.P. Urban Planning and Development Act, 1973, for sale/disposal of undisposed lands/flats by different Development Authorities and U.P Housing & Development Board, the Gorakhpur Development Authority, Gorakhpur introduced Rapti Nagar Residential Scheme in its third phase by publishing it in daily newspaper 'Dainik Jagran' on 24.5.2005 inviting applications for LIG flats to be settled on the basis of first come first serve. Pursuant to the aforesaid advertisement, the petitioners applied for LIG-30, First Floor and LIG-25 First Floor respectively, by depositing Rs. 33,700/- separately with the Gorakhpur Development Authority on 21.6.2005 and obtained registration for the said purpose. In this respect, after some time, the Assistant Property Officer, Gorakhpur Development Authority, Gorakhpur has passed an order dated 20.2.2007 intimating the petitioners that their registration for flats under the scheme first come first serve has been cancelled in compliance of the order dated 12.2.2007 passed by the Vice Chairman, Gorakhpur Development Authority, Gorakhpur. It is further intimated that the property in question can be allotted only on lottery basis with giving an option to the petitioners that in case, they are agreed, they can be included in the list of the registered persons and can be allowed to participate in the lottery.
(3.) Aggrieved from the said order, present writ petition has been filed.;