B.K. Roy, Ram Kishore Singh, JJ. - (1.) WHEN this writ petition was heard earlier following order was passed on 26 -8 -1998: - - One of the contentions of Sri Bist, learned counsel for the petitioner, is that the petitioner at the time of committal of his default was serving the country being deputed at Sri Lanka to curb the LTTE activities as a member of Indian Peace Keeping Force and hence the default was not willful and/or deliberate which requires to be condoned by the Allahabad Development Authority. He further informs us that the petitioner is prepared to pay the due amount in two equal installments if the Allahabad Development Authority is prepared to consider his case sympathetically keeping in mind the aforementioned apparent difficulty of the petitioner while making allotment of a similarly situated flat at the time when the petitioner had entered into an agreement with the Allahabad Development Authority. Sri Ashok Mohiley, learned counsel appearing on behalf of Allahabad Development Authority, informs us that Allahabad Development Authority had already taken a sympathetic view of the matter in making allotment of Flat No. R -30, Zuhi Colony in the town of Allahabad granting interest at the rate of 6% per annum on the deposits already made by the petitioner.
(2.) HAVING regard to the prima facie naked fact that the petitioner was serving the country as he was deputed as a member of the Indian Peace Keeping Force in Sri Lanka fighting with LTTE when default in question had occurred, we are of the view at this stage that the matter requires sympathetic consideration of his case for allotment of a house/flat by the Allahabad Development Authority first. We, accordingly, adjourn this case to 9.9.98 so that Allahabad Development Authority could be apprised of this interim direction.
(3.) THE office is directed to hand over a copy of this order, by tomorrow, to Sri Ashok Mohiley, learned counsel for Allahabad Development -Authority, for its communication to and follow up action by the Allahabad Authority. Binod Kumar Roy, J. R.K. Mahajan, J.;