1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No. 5763/1990 Smt Quaisar Shiko Vs The Rajasthan Housing Board, Jaipur 7.12.2010 HON'BLE MR JUSTICE MN BHANDARI Mr Lokesh Sharma - for the petitioner Mr RM Bairwa – for respondent BY THE COURT: This writ petition was filed by the petitioner to seek a direction for allotment of house in Mansarovar Scheme of Rajasthan Housing Board on same terms and conditions on which it was allotted to others though low in priority. The grievance of the petitioner was that she had applied for allotment of a house in MIG(B) group under hire purchase scheme but due to fault on the part of the respondent-Housing Board allotment was not made in time and, at the same time, others, who were low in priority than petitioner were allotted house. A detailed reply to the writ petition was submitted by the respondent to clarify the position that even if they committed some administrative mistake on account of change of category from hire purchase scheme to out right purchase scheme, respondent rectified the same by charging amount of Rs.79,950/- 2 as was charged from others when the petitioner was due for allotment of house and accordingly grievance of the petitioner has been redressed by not charging a sum of Rs.92,000/- as was demanded earlier. During pendency of the writ petition, allotment of house was made and possession thereof was taken. Petitioner paid an initial amount but defaulted in making payment of remaining instalments thus he is liable to make payment of due instalments along with interest and penalty amount. Learned counsel for petitioner, at this stage, submits that petitioner may be allowed to withdraw this writ petition with liberty to make a representation to the respondent - Housing Board for giving benefit of relaxation in interest and penalty amount, if so permissible. Petitioner will then make the payment so as to seek regularisation of allotment of the house. Learned counsel for respondent Rajasthan Housing Board submits that, if at all, writ petition is withdrawn with liberty sought for, it may be made clear that in case of default of payment of due amount, the Board would be at liberty to take possession of house from the petitioner. I have considered the submissions made. Looking to the short controversy involved, petitioner is given liberty to make 3 a representation to the respondent Rajasthan Housing Board for getting relaxation in interest and penalty amount, if so permissible. Petitioner may do so within a period of fifteen days from today. The respondent Board may then look into the matter, consider the representation within a period of one month from the date of its receipt. If an order granting relaxation is not passed by the respondent Board either for interest or penalty within a month from the date of receipt of representation then it may be treated to have been rejected and, in that case, petitioner would be liable to pay entire due amount within a period of six months, if further time is not granted by the respondent Board, for which petitioner may approach the Board. With the above observations/ directions, the writ petition is dismissed as withdrawn. (MN Bhandari), J. bnsharma