SBCWP NO.8605/06. 1 S.B. CIVIL WRIT PETITION NO.8605/2006. Smt.Meena Puri Vs. Rajasthan Housing Board Date of order :- 15/1/2008. HON'BLE MR.JUSTICE M.N. BHANDARI Shri V.N. Bohra for the petitioner. Shri T.C. Sharma for the respondent. **** The petitioner has filed this writ petition for the reason that the plot allotted to him in the auction was thereafter put for another auction despite of the fact that the entire remaining amount was deposited by him just before the auction and the said amount was sent through demand drafts. It was prayed that the auction of the property should not have been effected by the respondent or in alternative, he should have been given some other plot in the same vicinity. Learned counsel for the respondent disputed the submission made by the learned counsel for the petitioner and it was urged that the amount has not been received by the Housing Board as demand drafts were returned to the petitioner hence, there exists no question of withholding the auction moreso, now during pendency of the writ petition the property in question has already been SBCWP NO.8605/06. 2 given in possession to a third party in whose favour the auction bid was finalised. So far as the issue of allotment of alternate plot is concerned, learned counsel for the respondent submits that looking to the defaults made by the petitioner, same cannot be done however, it was further submitted that if any direction is given by this court, Hosing Board will definitely consider the representation of the petitioner for allotment of alternate plot. Looking to the submission made by the parties, without going into the issue of illegality or justification of putting the property in the second auction, suffice it to say that now not only that auction has already been undertaken but the plot in dispute has already been allotted to the third party also. Thus, only thing remains is that consideration of the case of the petitioner by the respondent for allotment of alternate plot if the same is available. It is expected from the respondent that looking to the some delay in making the entire payment of the plot in dispute, their case would not be turned down for the alternate request for allotment of another plot. It is further expected that the respondent will consider SBCWP NO.8605/06. 3 the case of the petitioner sympathetically and if additional charge is required to be made for allotment of alternate plot as per the prevailent rate of the plot, they would be free to raise extra demand from the petitioner. In view of above, the respondent-authority is directed to consider the case of the petitioner sympathetically by considering his representation Annexure-8. It is further expected from the respondent-Board to take up the issue expeditiously. The writ petition is disposed of accordingly. (M.N. BHANDARI), J. anil