D. S. Sinha, J. - (1.) IN September, 1985 the Allahabad Development Authority, Allahabad decided to build 27 three storied residential houses in Naseebpur Bakhtiari at Ashok Nagar, Allahabad under ' Mini Middle INcome Group '. The construction of these houses was decided to be under the ' Self Financing Scheme. ' On pursuance of this decision, advertisement inviting applications for registration of candidature for the houses was issued. From the averments made in the Supplementary Counter Affidavit filed on behalf of the respondents, it appears that the said advertisement received poor response and as such in its meeting held on 15th March, 1986 the Allahabad Development Authority decided that the construction of the aforesaid houses be converted from ' Self Financing Scheme ' into 'Hire Purchase Scheme '.
(2.) CONSEQUENTLY an advertisement was issued on behalf of the Allahabad Development Authority, Allahabad inviting applications for registration of the candidature for allotment of the aforesaid houses on ' Hire Purchase ' basis by 31st July, 1986. The advertisement, inter alia, held out that there would be provision for reservation of flats for the candidates belonging to backward class. According to the petitioners such reservation was to the extent of 15 per cent. The petitioners contend that out of the total flats to be constructed under this scheme 5 flats were to be reserved for the candidates belonging to backward class. The factum of reservation and the percentage thereof has not been denied by the respondents in the counter-affidavit. However, according to the respondents, the number of the flats to be reserved for people belonging to backward class was 4 and 5 as asserted by the petitioners. In response to the above advertisement nearly 70 persons got their candidature registered. The petitioners, who belong to backward class, also applied. Each of the petitioners deposited Rs. 8000/- by way of registration fees. They also enclosed along with their application the requisite certificates testifying the factum of their belonging to backward class. On 25th October, 19s6 the petitioners moved applications to the Vice Chairman, Allahabad Develpment Authority, Allahabad praying for allotment of a ground floor flat under the said scheme. On these applications Sri J. N. Dwivedi, the then Vice Chairman of Allahabad Development Authority by means of his order dated 25th October, 1986 directed the Secretary of Allahabad Development Authority, Allahabad to give one flat to each of the petitioners. The petitioners were then informed that they had to wait for the allotment order which would be issued after the proceedings for allotment were held by drawing lots on 30th January, 1987 in their presence. Suddenly on 28th January, 1987 the Allahabad Development Authority purported to issue a notice which was published in the news paper entitled ' Dainik Jagran ' notifying that the entire scheme of allotment of aforesaid houses under ' Hire Purchase Scheme' had been cancelled under the orders of the Vice Chairman and further that the Scheme had been re-converted from ' Hire Purchase Scheme ' into ' Self Financing Scheme '. This notice further called upon the applicants who had registered their candidature under the ' Hire Purchase Scheme ' and had deposited a sum of Rs. 8000/- to deposit a further sum of Rs. 7000/-, making a total of Rs. 15,000/- by 7th February, 1987 and also to give their consent for their candidatures to be considered under the revised ' Self Financing Scheme '. A photostat copy of the notice dated 28th January, 1987 has been appended to the petition as Annexure IV.
(3.) THE petitioners are aggrieved by the above action of Allahabad Development Authority, Allahabad and have invoked the jurisdiction of this Court under Article 226 of the Constitution of India. THEy have prayed for the issue of a writ of certiorari quashing the notice dated 28th January, 1987 (Annexure IV to the petition) and for issue of a writ of mandamus commanding the respondents to allot one flat to each of the petitioners under ' Hire Purchase Scheme ' as directed by Sri J N. Dwivedi, the Vice Chairman of Allahabad Development Authority, Allahabad on 25th October, 1986. We have heard Sri Sakha Ram Singh, learned counsel appearing for the petitioners and Sri Ashok Mohiley, learned counsel appearing for the respondents and proceeded to decide the petition finally at the stage of admission with their consent.;