- (1.) THIS writ petition has been filed by the petitioner for a direction to the respondents to hand over the possession of the Flat No. 4 Nagar Nigam Awas Vikas Colony Shivpur, Varanasi to the petitioner.
(2.) A further prayer by way of amendment has been added for quashing the order dated 29.11.2005 whereby the allotment made in favour of the petitioner was cancelled by the Nagar Ayukt, Nagar Nigam, Varanasi. The background facts in a nutshell are essentially as follows: The Nagar Nigam, Varanasi has developed and constructed several flats in Shivpur Colony, Varanasi for providing housing accommodation on a low rent to the persons who did not have houses of their own. The flat No. 4 was allotted to respondent No. 4 Shri Prakash Maurya on certain conditions in the year 1996. Sri Prakash Maurya subsequently constructed his own house and started living therein and sublet the aforesaid Flat No. 4 to another persons high rent and flouted the conditions imposed upon him. The petitioner applied for the allotment of the accommodation in the office of the Nagar Nigam. After physical verification, authorities of Nagar Nigam, Varanasi by order dated 16.7.2005 cancelled the allotment order which was in favour of Shri Prakash Maurya and the disputed flat was thereafter allotted in favour of the petitioner and the Nagar Nigam executed documents on 19.7.2005 with respect to the disputed flat. In compliance of the terms and conditions as provided, petitioner deposited Rs. 4,169/- as rent in advance for 11 months. The respondent No. 4 Sri Prakash Maurya i.e. the erstwhile allottee approached this Court by filing a Writ Petition No. 55862 of 2005 and this Court after hearing both the parties dismissed the writ petition with a direction to the petitioner Sri Prakash Maurya to vacate the accommodation in question within 15.days and further directed that if he does not vacate the disputed flat peacefully then the authorities of the Nagar Nigam will take steps for forcible ejectment. It appears that no effective steps were taken to get the disputed flat vacated despite the representations made by the petitioner to the concerned authorities.
(3.) AS such the present writ petition was filed with the prayer to direct the respondents to hand over the possession of the disputed flat to the petitioner on the basis of the order dated 16.7.2005 allotting the disputed flat in favour of the petitioner. It appears that in order to flout the order passed by this Court in Writ Petition No. 55862 of 2005 the allotment of the disputed flat was made in favour of one Shamsher Khan the Tax Superintendent in Nagar Nigam, Varanasi. Therefore, the petitioner filed a Contempt Petition No. 3648 of 2006 before this Court and this Court was pleased to pass the following order: "Heard learned counsel for the applicant and perused the Affidavit which has been filed by the opposite party Sri Shamsher Khan in response to the order dated 27.9.2006 whereby charges have been framed against him. Sri C.K. Parekh has also produced the correspondence undertaken by the person Nagar Ayukt, Nagar Nigam, Varanasi, vide letter dated 30.9.2006. This action has been proposed in the background in which the contemner had been allotted the premises in question in spite of the direction of this Court to maintain status-quo. According to the said letter and according to the Affidavits brought on record, the order of allotment in favour of Sri Shamsher Khan has been cancelled and the possession has been resumed from him. The letter dated 30.9.2006 of the Nagar Ayukt states that the orders dated 7/10.7.2006 had been obtained due to inadvertence and due to the order of this Court having escaped the notice of the then Nagar Ayukt, for which the subordinate officials were responsible. Considering the aforesaid facts and considering the unqualified apology tendered by the contemner who has already purged the contempt, the charges are dropped and the contempt petition is consigned to records with a warning to the opposite party not to indulge in future which may amount to interference with the orders of this Court. It shall be open to the authorities to proceed under the letter dated 30.9.2006 in accordance with law. It is also noteworthy to mention that the order cancelling the allotment of the applicant is under scrutiny in Writ Petition No. 64705 of 2005 which is still pending." It appears that the order of allotment in favour of Shamsher Khan was cancelled and the possession was also resumed from him and as such the order of allotment in favour of petitioner of the-disputed flat was restored. In the meantime before passing of the order dated 4.10.2006 in the contempt petition, the Nagar Nigam cancelled the allotment order dated 16.7.2005 which existed in favour of the petitioner by order dated 29.1.2005 merely on the ground that the fixation of rent while allotting the disputed flat in favour of the petitioner was not proper. Hence the present writ petition.;