Mohammad Rafiq, J. - (1.) This writ petition has been filed by P.K. Agnihotri praying for declaring the action of respondents in changing the petitioners' registration for allotment of MIG -B House from hire -purchase to outright sale basis, to be illegal, arbitrary, mala -fide and unconstitutional. Further prayer is made for a direction to respondents to treat the case of the petitioner in similar manner with that of Shri U.C. Daga, since the petitioner deposited all the installments of seed money according to demand letter dated 24.02.1988 and further that petitioner be held entitled to get allotment of independent house of MIG -B category and not a flat, at par with said Shri U.C. Daga and accordingly, the respondents be required to modify the allotment letter dated 13.05.1994 and handover him possession of the house of MIG -B category. Prayer is also made for award of compensation of Rs. 1,00,000/ - to the petitioner.
(2.) Case set up by the petitioner in the memorandum of writ petition is that he was employee of the respondent Rajasthan Housing Board working on the post of Junior Engineer from from 05.05.1982 to 08.06.1984. A special registration scheme, 1982 was notified by the respondent Board for allotment of houses to its employees. Petitioner got his name registered for allotment of house in MIG -b category and deposited a sum of Rs. 4600/ - vide challan dated 25.01.1983. His name was registered in the Special Registration Scheme, 1982 for allotment of MIG -B house, vide No. P. 64/G -iii/hp/hb/82 for sale of house on higher purchase basis. Name of the petitioner was illegally not included in the draw of lottery for allotment of house in order to favour the persons with lower priority, when the petitioner raised this objection, the respondents, realizing the mistake, issued letter of demand dated 24.02.1988 in respect of seed money. The petitioner deposited first installment of seed money of Rs. 6000/ - on 22.03.1988 and second installment of Rs. 6000/ - on 03.09.1988. A similar demand notice was issued to Shri U.C. Daga on 24.02.1988 demanding from him the same type of installments of seed money. Shri U.C. Daga was vide allotment letter dated 26.08.1992, allotted the MIG -b house in Mansarovar Colony on hire purchase basis, but no such allotment was made to the petitioner, thus the petitioner was subjected to hostile discrimination. The petitioner also learnt that the respondent Board has vide allotment letter dated 22.07.1992, made allotment of house to one Shri D.R. Jakhar. Only when the respondent Board prepared another statement for draw of lottery on 15.10.1993, his name was included in the last at Serial No. 90.
(3.) Although, petitioner's name was included for allotment of MIG -B house available in the year 1984 -85 on hire purchase basis, but he was for that allotment ignored with ulterior motive, when the petitioner approached the respondent Board repeatedly, he was told that allotment of house could be made to him only on outright sale basis and he was pressurized to give in writing to express his willingness to accept allotment of house on outright sale basis. Since the petitioner had no house, he under pressure gave in writing on 28.08.1993. The respondent Board still did not make allotment of house, therefore, the petitioner submitted representations on 21.02.1994 and 03.03.1994. Finally, an allotment letter was issued to the petitioner on 13.05.1994 allotting him House No. 80/130 in Mansarovar scheme on outright sale basis in a multi -storied building on much higher cost, and not an independent house. The petitioner then sent a notice for demand of justice to the respondent Board asking for allotment of independent house and met the respondents on 02.08.1995 along -with an application for allotment of independent MIG -b category house on hire -purchase basis even in unfinished state, in place of House No. 80/130. Petitioner has then approached this court by filing writ petition.;