Ravi S. Dhavan, V.P.Goel, J. - (1.) THIS matter has been pending since 1988. It was listed several times and ordered to be listed peremptorily. Learned counsel for the petitioner Mr. Shakti Singh is present. Learned counsel for the respondent is not present. The only issue which remains is whether the petitioner is entitled to receive the refund of the moneys, which he had deposited because he had not been allotted the shop within the stipulated period of two months. Annexure -5 to the writ petition is the circular of the Allahabad Development Authority, Allahabad, which declares that the amount can be refunded alongwith the interest. The rate of the interest has not been given in the circular.
(2.) AS no one has appeared on behalf of the respondent left the Court with no option but to simply direct, without going into the merits of the matter, that of the balance which remains with the Allahabad Development Authority, Allahabad, after refunding Rs. 1,45,165/ - interest on the refund at the rate of 10 per cent (simple interest), shall be paid to the petitioner within three months from the date of a copy of this order being placed before the Allahabad Development Authority, Allahabad. But it may be stated here that the petitioner had deposited a sum of Rs. 1,49,250/ - in installments from time to time. The refund of Rs. 1,45,165/ - was given to the petitioner on 12 -10 -1990. Thus, the interest on this amount is to be paid between the last installment deposited i.e. 30 -8 -1986 upto 12 -10 -1990, when a sum of Rs. 1,45,165/ - was given of the difference between the amount deposited by the petitioner and the refund made, the petitioner would be entitled to the refund of the balance principal amount and the interest on this amount also, within the time indicated by the Court. Nothing has been explained to the Court why the balance amount has been forfeited nor any explanation given how the petitioner may have violated any term of the allotment made when the shop itself was not made available. The petition succeeds and is allowed with the observations and directions as given above, with costs.;