Court No. - 39
Case :- WRIT - C No. - 47537 of 2009 Petitioner :- Javed Iqbal Ansari & Another Respondent :- State Of U.P. & Others Counsel for Petitioner :- Rakesh Pande Counsel for Respondent :- C.S.C.,A.S. Rana,Vindhyavasini P[Rasad
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Petitioner no. 2 appears in person and states that he is representing the petitioner no. 1 also.
The petitioners in the writ petition are seeking quashing of the allotments of L.I.G. Houses in the Dev Pryagam Scheme, Allahabad made in favour of the allottees.
The contention of the petitioners is that they had applied against the advertisement dated 28.06.2009 issued by the Deputy Housing Commissioner, U. P. Avas Evem Vikas Parishad, Varanasi Zone, Varanasi, wherein allotment of L.I.G. Houses was to be made through lottery system. The petitioners are stated to belong to the O.B.C. category. The petitioner no.1, had mentioned L.I.G. House No. 38 and petitioner no.2, had mentioned L.I.G. House No. 163 as their preferred choice. It is stated that when the lottery was drawn the allotment was made in favour of the respondent nos. 5 and 6 ignoring the scheme of reservation.
In the counter affidavit, it has not been disputed that the petitioners had applied under the lottery scheme for allotting to the L.I.G. Houses but when lottery was opened the names of respondent nos. 5 and 6 appeared and the allotment of L.I.G. Houses was made in their favour.
The petitioners have not mentioned in any paragraph of the writ petition that the respondent nos. 5 and 6 do not belong to the reserved category and, therefore, mere allegation that the reservation policy has not been applied, is not inspiring and we are not inclined to quash the allotment of the L.I.G. Houses made in favour of the respondent nos. 5 and 6.
The writ petition lacks merit and is accordingly, dismissed.
Order Date :- 30.11.2018 Rahul.