ALOK SHARMA,J. - (1.) Briefly stated the facts of the case are that the respondent Rajasthan Housing Board (hereinafter 'the Board') issued an advertisement for a residential scheme Garhi Thoriyan Beawar District Ajmer (hereinafter 'the Scheme') in the year 2009 offering houses in various categories. The petitioner applied for a house in the HIG category, under application form No. 4667 and deposited the requisite application money. The Board vide letter dated 11-5-2010 directed the petitioner to deposit seed money of Rs. 3 lacs in three instalments of Rs. 1 lac each. In compliance therewith the petitioner deposited the requisite amount on 9-6-2010, 6-12-2010 and 8-6-2011 within the permissible time.
(2.) The Board admittedly constructed 59 houses in the HIG category in the scheme. It is also an admitted fact that there were only 55 applicants seeking allotment of houses in the HIG category. However for allotting specific houses to the applicants in the HIG category, a lottery was drawn by the Board on 11-10-2011. The petitioner's name found place at Sr. No. 6 in the lottery so conducted and earmarked for him was house No. 4-H-10 in the HIG category of the scheme. About 51 of the 55 allottee's in the scheme were then issued demand notices on 16-4-2012 indicating the total cost of the house allotted at Rs. 18,82,413/- and reckoning for the seed money deposited by them with interest thereon which was adjusted, the said allottee's were directed to deposit Rs. 14,27,513/- within three months and take possession.
(3.) No demand notice was however issued to the petitioner.;