V.K. Khanna, J. - (1.) Petitioner applied for an allotment of a plot from U.P. Avas Evam Vikas Parishad, respondent No. 2 in the year 1972. In the year 1984, respondent No. 2 decided to built houses and give it to the willing persons on the basis of "Self Financing Scheme". According to the rules framed by respondent No. 2, a person desirous of having a house in the aforesaid scheme was required to deposit Rs. 18,000 as registration fee and thereafter he had to deposit instalments as specified in Annexure-1 to the writ petition. It is not disputed that the petitioner had not applied for registration under the aforesaid scheme within the prescribed date by depositing Rs. 18,000. However, the petitioner later on applied to respondent No. 2 for allotment of the house under the aforesaid scheme. Respondent No. 2 by a letter dated 10th April, 1986 contained in Annexure-2 to the writ petition, passed an order that in the Self Financing Scheme, i 984, the petitioner has been allowed to deposit registration fee under category A on the condition that the difference of the registration fee is deposited along with the interest at the rate of 18 per cent from the date of depositing the registration fee under the scheme from 1-3-1984.
(2.) As far as the payment of the entire amount of the instalment was concerned, it was ordered that the entire amount of instalment had to be deposited by 15-5-1986 or prior to the allotment of the house. It is not disputed that the aforesaid order contained in Annexure-2 to the writ petition passed by the respondent No. 2 was accepted by the petitioner and in pursuance of the aforesaid order the petitioner has been depositing certain amount towards payment of instalment from time to time. By an order dated 3-2-1987 the petitioner was informed that his name has been included in the list of the prospective allotters. Finally, the petitioner received an allotment letter dated 24-3-1988 and was informed that he has been allotted a house in Self Financing Scheme on 15-2-1988. The total cost of the house was estimated to be Rs. 1,45,550/- and the total cost of the land was estimated to be of Rs. 80,320/-. The petitioner was asked to deposit Rs. 1,08,087.40 towards the balance amount of the instalment besides other dues. The communication dated 24-3-1988 is contained in Annexure-7 to the writ petition. It is at this stage the petitioner has come to challenge the action of the respondent No. 2 on the ground that the amount which is being demanded from the petitioner cannot be recovered under the terms given in Annexure-2 to the writ petition.
(3.) At the admission stage the respondents were directed to file a counter affidavit. Parties have exchanged counter and rejoinder affidavits. The present writ petition is being disposed of finally in accordance with the rules of the court.;