Prithviraj Singh v. M. P. Housing and Infrastructure and Development, Bhopal
2015-04-22
SHEEL NAGU
body2015
DigiLaw.ai
ORDER 1. The present petition has been filed seeking the following reliefs :- (1) That, direction may kindly be issued to the respondents to issue allotment order to the petitioner in respect of Registration No.507 after receiving remaining amount. (2) That, writ of mandamus may kindly be issued against the respondent authorities to comply with the provisions of RTI Act and give information to the petitioner in respect of his application. (3) That, appellate authorities may kindly be further directed to impose the cost on the RTI Officer who has not provided the information within time as prescribed. (4) That, under the M.P. Lok Sewa Guarantee Act and Citizen Charter concerned authorities are responsible for not providing or not acted during the stipulated time, therefore, writ of mandamus may kindly be issued to the higher authorities of the Housing Board to take action against the concerned officer and petitioner be awarded compensation to the tune of Rs.25,000/-. (5) That, any other benefit this Hon’ble Court may deem fit to grant to the petition in the facts and circumstances. 2. After arguing for sometime, learned counsel for the petitioner contends that the petitioner would be satisfied if a direction is issued to the respondents to consider the prayer for refund of registration fee and the installments allegedly deposited by the petitioner for seeking allotment of plot. 3. It is pertinent to point out at this juncture that petitioner has given up his prayer for allotment of plot in question. 4. On the other hand learned counsel for the respondent by pointing out the scheme annexed along with return that in the event of late/none deposit of installments, the registration amount is liable to be forfeited and also that the scheme in question followed by the respondent Board is no more in existence. 5. Without commenting upon the merits of the claim regarding refund, this petition with the consent of the parties is disposed of with the following directions:- (1) The petitioner shall prefer a detailed representation claiming the amount to be refunded to him with supportive evidence about entitlement for the same within a period of 30 working days from today before the Commissioner or any other officer empowered by the Commissioner of the respondent Board.
(2) In case the above said direction is complied with the Commissioner/any competent authority empowered by the Commissioner shall decide the representation of the petitioner by passing a speaking order after affording opportunity to the petitioner and communicate the result to the petitioner within three months from date of receipt of copy of this order along with representation. (3) It is made clear that this Court has not given any opinion on merits of the case and it is open to the respondent Board to pass orders on the question of entitlement of the petitioner to refund as per the scheme in question. (4) No order as to costs.