A.N. Verma, J. - (1.) This petition is directed against an order passed by the Housing Commissioner. U.P. Avas Evam Vikas Parishad cancelling the allotment of on M.I.G. house No. C 307/12 made in favour of the petitioner as well as directing forfeiture of the initial deposit made by him towards the registration of his application.
(2.) Under a housing scheme floated by the aforesaid Parishad, the petitioner made an application for allotment of an M.I.G. flat and deposited a sum of Rs. 5,000 towards the registration of his application. The application of the petitioner was registered and numbered ALD/M-202(6). The figure of 6 within backers indicates the round in which the petitioners application was to be considered. Subsequently, in November 1983 in response to a notice issued by the Board to all the registered persons for submitting their applications for being included in the draw of lots for allotment of flats under the aforesaid scheme fixed for 11-11-1983, the petitioner made a written application on 2-11-1983. However, in his application he wrongly mentioned his registration number as ALD/M-202(5) instead of the ALD/M-202(6). As a result of this error, the petitioners application was considered in the draw of lots held on 11-11-1983 for the fifth round when admittedly according to the registration number allotted to him, his application could be considered only in the sixth round of the draw of lots.
(3.) This mistake led to allotment of a house No. C 307/12. At the time of verification, this slip was detected by the Board whereupon the allotment made in favour of the petitioner was cancelled by the Housing Commissioner by his order dated 23-3-1984 on the ground that the petitioner was not entitled to participate in the draw of lots reserved for those registered for the fifth round. By his subsequent order communicated to the petitioner through a letter dated 18-12-1984 issued by the Assistant Housing Commissioner petitioner was informed that in exercise of its power under Regulation 45(6) framed by the Board the Chairman has while cancelling the allotment order also directed the forfeiture of the initial deposit made by the petitioner.;