RATHORE, J. - (1.) THE present writ petition is filed by the petitioner seeking writ, order or direction directing the Housing Board to allot the house No. 5/310, Malaviya Nagar, Jaipur to the petitioner by accepting sum of Rs. 3,94,715. 16/-, the cost mentioned in the original allotment letter dated 17. 10. 1992 and the petitioner be permitted to deposit the said amount with the Housing Board through bank guarantee to deliver the possession of the said house within a reasonable period.
(2.) BRIEFLY stated the relevant facts of the case are that the petitioner's grand father made an application for allotment of house on hire purchase basis in EWS category and the same was registered by the Housing Board on 15. 4. 1974. After applying for allotment of house, the petitioner's grand father Shri Chimanlal Khanna died on 29. 10. 1976. On 15. 6. 1982, the petitioner applied in the prescribed form for substitution of her name and also applied for change of category from EWS to MIG-B. In the first list published in the year 1983, name of the petitioner was not there. The petitioner was informed on 22. 1. 1985 regarding transfer of registration in favour of the petitioner, however, no priority number was allotted. The petitioner submitted a representation on 6. 9. 1986 to rectify the mistake on the part of the Board. Vide letter dated 9. 6. 1987, the Housing Board informed the petitioner that a house in MIG-B category has been earmarked and reserved for her and she is required to deposit two installments of Rs. 6000/- each. First installment was paid by the petitioner on 7. 9. 1987 and second on 1. 4. 1988. The Housing Board published a notice on 24. 5. 1989 notifying that all applicants registered during the period 1973 to 1989 have been allotted houses and those who have not been allotted houses should notify it to the Board by 15. 6. 1989. Pursuant to that, the petitioner submitted her representation regarding non- allotment of house. Vide letter dated 17. 10. 1992, house No. 5/310, Malaviya Nagar Scheme was allotted to the petitioner on out right sale basis and she was required to pay Rs. 3,73,829/ -. The petitioner submitted the representation to the Board to allot the house on hire purchase basis as applied by her grand father. Since no decision was given on the representation, the petitioner preferred a writ petition before this Court, which was registered as SBCWP No. 244/93 at Principal Seat at Jodhpur. The said writ petition was decided vide judgment dated 16. 8. 1995 with other similar writ petitions relating to Parijat Scheme, but the writ petition filed by the petitioner remained unanswered so far as present controversy is concerned.
(3.) THE Housing Board issued a letter to the petitioner raising the demand of Rs. 6,97,814/- on 24. 4. 1997. Against which, the petitioner again preferred a writ petition, which was registered as SBCWP No. 4757/97 before this Court at Jaipur Bench. This Court vide order dated 29. 8. 1997 disposed of the writ petition with the direction to the respondent Board to look into the grievance of the petitioner or depute an authorised person to examine the grievance of petitioner and pass a reasoned order within a period of four weeks from the date of receipt of order. Liberty was also given to the petitioner to challenge the said order by way of a fresh writ petition. THE respondent Board pursuant to the order passed by this court in writ petition No. 4757/1997 decided the representation and communicate to the petitioner vide letter dated 6. 5. 1998 that no relaxation in the amount of interest can be given to the petitioner. The petitioner also filed a complaint before the Consumer Disputes Redressal Commission. The Commission dismissed the complaint vide order dated 30. 11. 2000 on the ground that reliefs sought for by the petitioner does not fall within the purview of a consumer dispute. Thereafter, the petitioner referred the dispute before the Settlement Committee. The Settlement Committee on 11. 2. 2003 referred the case of the petitioner to give similar treatment to the petitioner, which was given to Abdul Razzak Khan. On 20. 12. 2003, the respondent Board issued a letter to the petitioner requiring her to deposit Rs. 12,74,304/- and further to pay amount of Rs. 3,16,410/- deferred in 96 monthly installments with interest @ 18. 5% by escalating the price of the house. ;