IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 358 OF 2008 Sweta Pandit.... ...... ......Petitioner V/s Maharashtra Housing & Area Dev. Authority... .....Respondent. Mr.Samir Punalekar i/by M/s.PRS Legal Adv. For the petitioner. Mr.D.A.Nalwade, GP For the respondent. CORAM: BILAL NAZKI AND A.P.DESHPANDE, JJ. 3/4/08 PC: The petitioner claims that she was entitled to allotment of a row house but the house was not alloted to her. She filed a writ petition which was decided by this Court on 27.4.2007 and in pursuance thereof Competent Authority i.e. Chief Officer of MHADB passed an order on 16.11.07 holding that the petitioner was not eligible to be alloted a row house. Therefore this writ petition has been filed. We have gone through the order and heard the learned advocates for respective parties and perused the counter affidavit. One of the grievance of the petitioner is that she had filed her income-tax return showing her income above Rs.1,80,000/- which was the requirement for eligibility. This return was not at all considered by the respondent. Learned counsel for the respondent however submits that the application 1 form which had been filled up by the petitioner seeking allotment disclosed that income of the petitioner was Rs.1,15,000/- and as such she was not eligible to be alloted a house. What was the effect on the controversy of income-tax return the petitioner had submitted before the Authority was not considered. On the other hand the authority stated that no income-tax return had been filed but as a matter of fact it is conceded that income-tax return had been submitted before the Authority. Therefore on the short ground we strike down the order impugned in this petition and remand the matter back to the Authority who shall consider all documents submitted by the petitioner and pass an appropriate reasoned order. All contentions can be raised by the parties before the concerned Authority. We make it clear that we have not gone into the merits of the case nor have gone into eligibility or otherwise of the petitioner. Writ petition stands disposed of accordingly. 3.4.08 (BILAL NAZKI, J.) (A.P.DESHPANDE, J.) 2