- (1.) K. D. Shahi, J. These writ petitions have been filed against U. P. Avas Evam Vikas Parishad, Allahabad and another, praying for issue of a writ, order or direc tion in the nature of mandamus commanding the respondents to deliver possession pf the houses in question at the same price on which it could have been allotted in the year, 1988, the year of construction and further praying for issue of a writ of certiorari quashing the orders by which an excessive demand had been made as the price of the house allotted to each of the petitioners.
(2.) IN Writ Petition No. 29500 of 1991 (Teerath Ram v. U. P. Avas Evam Vikas Parishad and another) petitioner Teerath Ram was allotted House No. 512, E. W. S. Jhusi Avas Yojna No. 2 at a price of Rs. 68, 298. 50-P by an order dated 2-12-1992. The petitioner is a member of Schedule Caste. The house in dispute is said to have been constructed in 1988 and by an order dated 31-3-1998 this very house was allotted to Siya Ram Gupta for a sum of Rs. 39,188/ -. It is alleged that after the year 1988 no further construction or improvement was made in the house. In Writ Petition No. 29569 of 1993 (Ram Chandra Mishra v. U. P. Avas Evam Vikas Parishad and another) House No 4/164, L. I. G. Jhunsi Avas Yojna-3, Al lahabad was allotted to petitioner Ram Chandra Mishra at the price of Rs. 1,14,884/- by an order dated 6-11-1992. It is said that House No. 8/862 LIG Jhunsi Avas Yojna, which is the adjacent house, was allotted to Smt. Krishna Mishra at a price of Rs. 72,735/- by an order dated 7-12-1990. It is stated that the petitioner has been discriminated in the matter of price of the house. In Writ Petition No. 12164 of 1992 (Vinod Kumar Srivastava v. U. P. Avas Evam Vikas Parishad and another) by an order dated 2-1-1992 petitioner Vinod Kumar Srivastava was allotted House No. 96, HIG Jhunsi Avas Yojna, Allahabad at a price of Rs. 3,09,264/ -. It is alleged that this house was also constructed in the year 1988. Thereafter there was no further con struction or improvement in its House No. 95, HIG Jhunsi Avas Yojna which is ad jacent house was allotted to Smt. Kamla Kumari at a price of Rs. 1,92,201/- by order dated 1-9-1988.
(3.) IN all three writ petitions it is al leged that U. P. Avas Evam Vikas Parishad is a State under Article 12 of the Constitu tion. It undertakes the responsibility of constructing the houses to provide better amenities of residence to the citizens. It constructs houses and allots them to the needy persons without any profit or loss basis. IN pursuant to the advertisement the petitioners applied and they were allotted houses at exorbitant price. IN all the three writ petitions it is alleged that since the house had been constructed in 1988 it should have been sold to the petitioners without any enhancement in price. All the petitioners have quoted several interim stay orders granted by this Court in various writ petitions but there is nothing to indi cate that any such petition had been decided on merits. The respondents have filed counter-affidavit alleging that advertise ments were made, price was notified and allotments were made. The petitioners after accepting the price, deposited the initial amount demanded and accepted the allotment on the said price. They are now not entitled to challenge the said allot ment order on the ground of enhancement in price. It is specifically contended by the respondents that even if normal interest at the rate of 18% (eighteen per cent) is charged then also the price cannot be said to be exorbitant. In the matter of Vinod Kumar Srivastava it is specifically pleaded that there was an advertisement dated 16-12-1991 in which it was definitely men tioned that the price of the house shall range between three lacs twenty five thousand to four lacs and in pursuance of this advertisement petitioner Vinod Kumar Srivastava applied for allotment and as such he cannot now challenge the price. If he was not interested to take the house at this price he should not have applied and should not have accepted the allotment order.;