- (1.) HEARD on admission. This intra -court appeal is directed against the order dated 04th April, 2013 passed by the learned Single Judge of this High Court whereby he has allowed respondent's S.B.Civil Writ Petition No.102/1998.
(2.) IN response to appellants scheme, respondent applied for MIG - Group 'B' house in Kota City. This the respondent did on 30.11.1981 and deposited a sum of Rs.4,600/ - with the appellants. The appellants then vide letter dated 18.03.1986 informed the respondent about the priority number and later, vide order dated 18.11.1989 demanded a sum of Rs.30,400/ - to be paid in three installments as 'pre -occupation money'. The respondent though deposited the said amount, nothing came out from the appellants. The respondent, therefore, made a representation dated 6.4.1992 to the appellants mentioning therein his grievances and requested for early allotment of the house. But since again nothing was done by the appellants, respondent made another representation dated 6.2.1993.
(3.) THE Assistant Estate Manager of the appellants vide letter dated 17.02.1997 directed the respondent to further deposit a sum of Rs. 1,85,750/ - and also to deposit remaining amount of Rs.2,46,450/ - in 96 monthly installments along with interest @ 18.5% per annum. The respondent by his letter dated 9.6.1997, disputed the demand made and brought to the notice of appellants that house in question stated to be complete was in fact far from being complete. The respondent also informed that the condition of house was very bad and skeleton like. But the appellants issued a final notice dated 23.5.1997 asking the respondent to take possession of the house by depositing a sum of Rs.2,05,460/ -. The appellants finally vide order dated 22.11.1997 informed the respondent that the allotment of his house stands cancelled and 20% of the registration amount has been forfeited. It is in this background, the respondent filed the writ petition challenging the order dated 22.11.1997.;