S.J. Mukhopadhaya, J. - (1.) THE writ petition was preferred by petitioner, Mukund Kumar for issuance of a writ in the nature of certiorari or any other appropriate writ, rule, direction for quashing the letter dated 6th February, 2002 issued by the Senior Executive (Administration) whereby and whereunder the claim of petitioner for change of opinion for the quarters applied on 23rd January, 2001 has been rejected on the ground that the application along with demand draft was received on 28th January, 2002 at 3,00 P.M., beyond the period of filing. The petitioner has made further prayer to quash the order of allotment of Qrts. No. C -115 (GF/900 Sq. Ft.) made in favour of respondent No. 6, Nilesh Sinha.
(2.) THE respondent took plea that date of filing of application was extended to 28th January, 2002 and 1.00 P.M. was the time fixed, but it was submitted by the petitioner beyond the period. Counsel for the respondent also submitted that the petitioner had not made the subsequent application for change of quarters in proper format, which was filed on 28th January, 2002. The petitioner has refuted the aforesaid allegation made by the respondents and taken plea that the application for change of quarters was filed well within time on 28th January, 2002. In fact, no time limit was fixed, such as 1.00 P.M.
(3.) THIS Court by its order dated 16th January, 2003 allowed time to the respondents to bring the circular on record by which the time for filing application was extended. In the counter affidavit, the respondents have enclosed a copy of subsequent circular dated 25th January, 2002 wherein 1.00 P.M. of 28th January, 2002 was shown as extension of time for submission of application form.;