Hon'ble Manish Mathur,J.
(Oral)
1. The following main prayer has been made by learned counsel for the petitioners :
"I. to issue a writ, order or direction in the nature of mandamus commanding the Respondent No.3 to consider the request for adjustment of the amount against the amount payable in respect to the Plot No.11/GH-03, from the amount already paid by the Petitioners in respect to Plot No.11/GH-05 with effect from the actual date of its payment, within such reasonable time frame as this Hon'ble Court deems fit and proper;
II. ..............
III.............
2. It has been pointed out by learned counsel that vide Annexure No.16 dated 29.3.2019, Assistant Housing Commissioner directed adjustment of the amount.
3. Learned counsel for the petitioners has drawn attention of the Court towards Anenxure-17 to contend that the Property Management Officer who would be subordinate to Assistant Housing Commissioner has in effect reviewed the order passed by the Assistant Housing Commissioner. The Property Management Officer has no jurisdiction to pass order, Annexure-17, once the Assistant Housing Commissioner had already adjudicated and passed order, Annexure No.16.
It has been contended that representation has already been made vide Annexure-18. The petitioner would be satisfied if the Housing Commissioner/Assistant Housing Commissioner considers representation and pass appropriate order, after giving an opportunity of hearing.
4. Learned counsel for respondents Mr. Puneet Chandra has no objection to the proposal.
5. We hereby dispose of this petition with direction to respondent No.3 to not only refer to the contents of representation, Annexure-18, but also contents of the writ petition, and after complying the principles of natural justice take a reasoned decision within two months from today.
The decision so taken be conveyed to the petitioners.
Order Date :- 30.8.2019 kkb/