1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR S.B.Civil Writ Petition No.1649/2004 Suman Garg Vs. The Rajasthan Housing Board & Anr. Date of Order :- 03.08.2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Alok Garg, for the petitioner. Mr.J.K. Singhi, for the respondents. ### The petitioner has challenged the allotment/possession letter dated 5th February, 2004 whereby she was allotted House No.101/116, Mansarovar, Jaipur. It is the case of the petitioner that despite having deposited the last installment of Rs.10,000/- on 28.11.1997, she was not allotted any house by the RHB till 05.02.2004. Further, it is her case that during this interim period those persons who were junior to her in the allotment list they were alloted the house prior to her. Therefore, while the junior persons had to pay low price, she has been asked to pay the price of the house as of the year 2004. During the course of arguments Mr. J.K. Singh, the learned counsel for the RHB, has pointed out that vide decision dated 08.09.1992, which is reflected in the letter written by the Director (Law) to the Additional Housing Board Commissioner dated 30.12.2006, a decision was taken by the Board to grant a house to the petitioner in the same category as was given to her juniors. 2 In the light of the decision already taken by the Board, this Court is of the opinion that the Housing Board was legally bound to allot a house to the petitioner in the year 1997 itself. Therefore, the Housing Board should charge the price as was charged in 1997 from those persons who were junior to the petitioner. Since the RHB has received more monies than it is entitled too, the RHB should refund the additional amount to the petitioner. However, as neither of the parties are in a position to give the exact amount owed by the RHB to the petitioner, the RHB is directed to decide the exact amount within a period of three weeks from the date of receipt of the certified copy of this order. The RHB is further directed to refund the said amount within a period of four weeks thereafter. The amount so refunded by the RHB shall be informed to this Court. In case the RHB refunds the amount within the stipulated period mentioned above, the RHB need not pay any interest on the amount being refunded. However, if the RHB fails to comply with this order and to refund the amount within the stipulated period, then the RHB shall pay an interest @ 9% per annum on the amount due to the petitioner. With these observations, this writ petition is, hereby, disposed of. (R.S.CHAUHAN)J. Manoj Solanki-