Salil Kumar Rai, J. - (1.) Heard learned counsel for the petitioner, Sri D.S. Chauhan, learned counsel representing respondents No. 2 and 3 and learned Standing Counsel representing respondent No. 1.
(2.) This writ petition has been filed by the petitioner praying for writ of certiorari quashing the order dated 9.4.2014 passed by the respondent No. 2 as communicated through letter dated 17.5.2014 of respondent No. 3, whereby Vice Chairman, Mathura-Vrindavan Development Authority, Mathura (hereinafter referred to as, 'Development Authority') had cancelled allotment of Plot No. C-147 allotted to the petitioner under Krishna Vihar Housing Scheme, Mathura. A further prayer has been made for a direction to the respondents No. 2 and 3 that allotment of Plot No. C-147 be restored to the petitioner on the same land rate as was fixed for Plot No. D-68 allotted to him earlier.
(3.) The facts as stated in the writ petition are, that the petitioner was allotted Plot No. D-68 on 27.3.2004 under Krishna Vihar, Ranchi Bangar Housing Scheme, Mathura (hereinafter referred to as, 'Scheme'). The area of Plot No. D-68 was 112.50 square meters. The petitioner contends in the writ petition that he had deposited the entire amount for Plot No. D-68 as sought by the Development Authority for allotment of the said plot. However, the petitioner was not given possession of Plot No. D-68 and was subsequently re-allotted Pot No. C-147 in the same scheme on 13.7.2010 in lieu of his previous plot i.e. D-68. The area of Plot No. C-147 was 162 square meters, which was 49.5 square meters more than Plot No. D-68. The Development Authority demanded increased amount for the additional area and the rate was calculated according to the land rate prevailing at the time Plot No. C-147 was allotted to him. On the failure of the petitioner to pay the extra amount as demanded by the Development Authority, the respondent No. 2 vide order dated 9.4.2014 cancelled the allotment of Plot No. C-147 made in favour of the petitioner and also forfeited 20% of the Registration amount deposited by the petitioner. The said order was communicated to the petitioner through letter dated 17.5.2014 of respondent No. 3.;