RAM BALI SINGH Vs. ALLAHABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) RAMBALI Singh has filed this writ petition under Article 226 of the Constitution of India with the prayer that the order dated 27.9.1990 passed by the Allahabad Development Authority (A.D.A.) be quashed whereby the subsequent allotment dated 23.8.1990 :in favour of the petitioner concerning E.W.S. Type-II, flat in house No. 2, Block No. 6 in Sulem Sarai Housing Scheme (for short 'the flat') has been cancelled!, when this writ petition was filed on 12.10.1990 a counter-affidavit was called from the A.D.A. By the interim order the dispossession of the petitioner-RAMBALI Singh was stayed. The A.D.A. has filed a counter-affidavit.

(2.) SMT. Sulemani Begum, admittedly the original allottee of the flat, has made an impleadment application which is supported by an affidavit described as counter affidavit of SMT. Sulemani Begum. The petitioner Rambali Singh has replied to the contents thereof by his rejoinder-affidavit. Shri Nasiruzzama on behalf of the petitioner-Rambali Singh,, Shri Ashok Mohiley on behalf of the A.D.A. and Shri Raj Kumar Jain on behalf of SMT. Sulemani Begum (original allottee) have been heard at length and the entire record has been perused minutely. As prayed by the learned counsel for the parties, the writ petition is being finally disposed of at the admission stage. The impleadment application is allowed. SMT. Sulemani Begum be impleaded as respondent No. 3.

(3.) THUS begins the exercise of the first allottee to seek justice. She made complaint to the A.D.A. against the subsequent allotment in favour of the petitioner. Fortunately, enough good sense prevailed on the officials of the A.D.A. and they set up an enquiry. In the enquiry, it was found that some of the officials of A.D.A. had connived and also colluded with the petitioner-Rambali Singh. The counter-affidavit of A.D.A. indicates that as a result of the enquiry, the A.D.A. has already taken disciplinary proceedings against some officials one of whom has been terminated from employment and against the others some adverse entries have been made in the service record. This was immediately followed by the Impugned letter/order dated 27.9.1990 passed by the A.D.A. asking the petitioner-Rambali Singh to vacate the flat. It is this action of the A.D.A. which is the subject-matter of this writ petition.