JUDGMENT 1. 1. On the last dale when arguments were heard in part the only limited controversy which had been raised was as to whether the respondent No. 1, the Rajasthan Housing Board (for short the Board) would have charged the amount of penalty ? 2. The petitioner got herself registered under the scheme of the Board for economically weaker sections of society in the year 1973.She then submitted an application for reservation of a house and in that application dated 13th March 1981 the petitioner had mentioned her address as C/o Shri Pitambarlal Sharma. Plot No.J /470, Bhomiyon ki Chhatri ke pass. Adarsh Nagar, Jaipur. The petitioner was declared successful in draw 1980-81 (3) and the petitioner's name was declared successful at S.No.94 and in Malviya Nagar a house was reserved and she was informed by letter dated 4th December 1981 to deposit Rs. 600/- in two instalments of Rs. 300/- each as seed money. On 1st January, 1982 and 28th July, 1982 the petitioner deposited both the instalments of Rs. 300/- each towards seed money. But the case of the Board is that only one instalment of Rs. 300/- was deposited towards seed money and not the second instalment. Thereafter, the petitioner was allotted a house No. 7/107 at Malviya Nagar, Jaipur. The allotment-cum-possession letter was issued to the petitioner on 28th July 1984. It was issued on the address given by the petitioner in her earlier application and was sent to her by registered post. The relevant entry in the despatch register is at Sr. No. 2032 dated 26th December 1984 and the post office receipt No. is, 4487 dated 26th December 1984. As per the case of the petitioner she did not receive the above registered letter and, therefore, did not take any steps to deposit the amount and to take possession of the house. It was on 21st December 1985 when the petitioner informed the non-petitioner No. 1 for the change of address. The petitioner under the letter of allotment-cum-possession was required to pay instalment of Rs. 144/- per month. 3. The case of the petitioner is that prior to letter Ex. 1 dated 21st December 1985 to respondent No. 1. she did not receive any information of allotment of house in her favour. And even after the delivery of Ex. The petitioner under the letter of allotment-cum-possession was required to pay instalment of Rs. 144/- per month. 3. The case of the petitioner is that prior to letter Ex. 1 dated 21st December 1985 to respondent No. 1. she did not receive any information of allotment of house in her favour. And even after the delivery of Ex. I to the respondent No. 1 she did not receive any information and it was only through Rajasthan Patrika in which a notice for taking possession was published on 11th July, 1986. The petitioner tried to get code number and after she came to know getting the rode number she immediately applied on 8th May 1986 to the Board for issue of allotment letter and for handing over possession. A complaint was filed thereafter Which was registered at No. 1654 (Ex. 6) and it was only thereafter the petitioner was issued code number of allotment on 26th December 1984, with instructions to submit second instalment of seed money and affidavit on due stamp paper, and get the possession of the house. 4. The case of the respondent Board as disclosed in the reply to show cause notice, is that the petitioner was informed of allotment-cum-possession by a letter on 26th December 1984 on the address which was available on record of the Board. It was a registered letter and should have been delivered to her in ordinary course of business. 5. In my opinion the only duty which was cast on the Board was that the information about allotment-cum-possession should have been sent to the petitioner on the address available with the Board. It cannot be disputed on the material on record that the petitioner was informed that she has been declared successful in the draw and house No.'7/107 was allotted to her and she was required to pay Rs. 144/-, per month as instalments. Therefore, the petitioner cannot take any benefit on the ground, that she infact did not receive any information as aforesaid and it was only from a notice of Rajasthan Patrika dated 11th July 1986 that she came to know of the fact of allotment and issue of the allotment-cum-possession letter. Under the allotment-cum-possession letter the petitioner was required to deposit Rs. 144/- per month as instalments which she did not deposit. Under the allotment-cum-possession letter the petitioner was required to deposit Rs. 144/- per month as instalments which she did not deposit. Therefore, under the Regulations framed by the Board she was required to pay interest on the due instalments. So far as the second instalment of seed money of Rs. 300/- as stated earlier, she had deposited the amount in the month of May 1982 and the caseae of the Board is that the amount had not been deposited. A look at para 13 , in the writ petition will show that it is clearly mentioned therein that the petitioner had deposited second instalment of seed money in the month of May 1982 and also sent the certificate of the bank of the deposit of the aforesaid instalment. A look at Annex. 9 will show that it is a certificate dated 26th May 1982 from the Indian Overseas Bank and it is mentioned therein that the bank has received from Kaushalya Devi, Code No. MN/5.25X8.94/HP on 26th May 1982 towards second instalment of reservation money in the reply filed by the Board the fact of certificate of the bank has not been controverted and, therefore, it can be taken for granted for the disposal of the writ petition that the petitioner had deposited the second instalment of seed money on 26th May 1982. If that be so the Board is not entitled to recover any money deposited towards the seed money. 6. Mr. Garg, learned counsel for the Board could not draw my attention any of the provisions of the regulations under which penalty could be recovered. It appears from the regulations, and more so from regulations in respect of the procedure of allotment of house, that in case seed money is not deposited from per one belonging to economically weaker sections, interest, at the rate of 18 per annum shall be recovered. I further appears that in case the amount of instalment is not paid from different categories mentioned therein, 2% interest more than the ordinary rate shall be charged on late payment. It his been said earlier that the petitioner had been informed under the allotment-cum-possession letter of the house in the year 1984 and she was required to pay instalments of Rs. 144/- per month. It his been said earlier that the petitioner had been informed under the allotment-cum-possession letter of the house in the year 1984 and she was required to pay instalments of Rs. 144/- per month. If the petitioner now wants to get possession of the house, she is bound to pay the interest at the rate of 18% per annum in accordance with the provisions of the regulations, but no penalty can be charged from her. 7. Consequently I allow the writ petition and hold that the petitioner did receive the information of allotment-cum-possession of the house on 26th December, 1984 and as such she is liable to pay interest as aforesaid on the ground if she wants to take possession of the house. The interest will be payable on the various instalments due against the petitioner. But so far as the second instalment of seed money is concerned the petitioner appears to have paid the amount and neither that amount of seed money can be claimed again from the petitioner nor she can be called upon to pay any interest against that instalment. While Annex. 7 dated 16th December 1984 is quashed, the Board is directed to issue a fresh letter of allotment-cum-possession to the petitioner calling upon her to pay the amount alongwith interest as per the observations made above. If the petitioner pays the amount within 15 days of the receipt of the demand notice of allotment-cum-possession letter from the Board, the Board shall hand over possession of he house to her or else the writ petition shall stand dismissed. The petitioner shall personally go to the office of the Board on any working day within seven days and she will be given the letter of allotment cum-possession as aforesaid to avoid any controversy or difficulty which may arise in future.Partition allowed. *******