Shampa Sarkar, J. - (1.) This writ petition has been filed challenging the cancellation of the application of the petitioner for allotment of one MIG-II flat in AVIDIPTAPhase II.
(2.) The facts of the case are that the West Bengal Housing Board (hereinafter referred to as the Board) was the exclusive owner of a land measuring 12.67 acres in Mouza Barakhola. The Board was directed by the State Government to implement a housing project there upon for different income groups of the public, in accordance with the policy of the State Government. On 8th July, 2009 the Board executed a registered agreement as well as a registered Power of Attorney by which the Bengal Peerless Housing Development Company Limited (hereinafter referred to as the said company) was appointed as the Board's lawful attorney and agent and was authorized to maintain, manage and develop the said land by implementing a housing project called, "AVIDIPTA" Housing Complex, to take all steps including defending all litigations in connection there with and to sell all the flats in the said housing project to the general public for and on behalf of the Board. On 3rd June, 2017, the said company, published an advertisement inviting applications from the general public who were required to purchase a Brochure containing the General Terms and Conditions (in short 'GTC') for allotment of LIG and MIG type of flat in Avidipta Housing Complex Phase-II. Clause 8 of the GTC laid down the eligibility criteria for making an application for LIG or MIG flats.
(3.) On 17th July, 2017 the writ petitioner submitted his application form and the initial deposit of Rs.3,00,000/- for allotment of a MIG-II flat in the said complex. With his application the writ petitioner submitted his balance sheet, profit and loss account and income tax return for the Financial Year 2015-16 corresponding to Assessment Year 2016-17. By a letter dated 17th January, 2018 the Respondent no.4 duly informed the writ petitioner that his application was rejected on the ground that the financial statements and income tax return of the petitioner and his wife for the Financial year 2016-17 corresponding to Assessment year 2017-18 had not been submitted as was the requirement in the GTC. The deposit money of Rs.3,00,000/- was refunded to the bank account of the petitioner which the writ petitioner had admittedly received.;