M.M.KUMAR J - (1.) THE petitioner has approached this Court with a prayer for quashing action of the respondents in canceling the initial allotment of the Flat in favour of the petitioner being totally illegal. A further prayer for issuance of directions to the respondents has been made for allotment of the Flat in Sector 4 & 5, Housing Board, Karnal.
(2.) FACTS in briefs necessary for disposal of the instant petition are that the Housing Board, Haryana, respondent No. 2 invited applications for allotment of Flats in various districts of the State of Haryana which included Sector 4 and 5, Karnal. The petitioner had applied for Lower Income Group (LIG) Flats and submitted his application form duly filled in alongwith the Bank Daft of Rs. 34,800/- dated 20.12.2004. A perusal of his application form shows that he has given two addresses, one for the correspondence and other his permanent address. Both the addresses are as under :- Correspondence Address Permanent Address Vinay Vinay EP-72 AK-20 Pathanwara Sohna Distt. Shalimar Bagh Gurgaon Delhi. The application was duly accepted by the respondents and he succeeded in draw of lots. It is pertinent to mention that before the draw of lots, the temporary/correspondence address of the petitioner had changed and he remained sanguine to hear from the respondents at his permanent address regarding the fate of draw of lots. When he did not hear anything, he visited the office of the respondents at Panchkula, where he came to know that he had been successful in the draw of lots. However, on account of change of his temporary address, the letter had come back undelivered. On the inspection of the record, petitioner came to know that the show cause notice was sent to him on 26.09.2005 at his permanent address but his permanent address was incorrectly mentioned as A-20, Shalimar Bagh, Delhi instead of AK-20, Shalimar Bagh, Delhi. The show cause notice was also received back undelievered. The petitioner made a representation on 05.02.2007 (Annexure P-2) after apprising the respondents all the facts on 01.02.2007. He again sent a communication on 14.02.2007 under registered cover. The Housing Board sent a cheque to him on 25.04.2007 for a sum of Rs. 31,320/- whereas he had deposited a sum of Rs. 34,800/-. However, the petitioner did not encash the aforementioned cheque. He has also claimed that several Flats are available with the respondents.
(3.) WHEN the matter came up for consideration before this Court on 18.05.2007, the respondents were directed to keep one Flat reserved for the petitioner till the disposal of the petition.;