CW 321/05 Smt. Jasoda Devi V. Raj. Housing Board : judgment dt. 20.2.2008 1/4 S.B. CIVIL WRIT PETITION NO.321/2005 Smt.Jasoda Devi Parihar Vs. The Rajasthan Housing Board, Jaipur& Anr. Date of order : 20th February, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Dr. P.S. Bhati ) for the petitioner. Mr. Nikhil Dungawat) Mr. P.C. Sharma for the respondents. --------- 1. This writ petition has been filed by the petitioner in alia claiming allotment of house by the respondent Housing Board under “Self Finance Scheme 2004-05” on the basis of previous application filed by the petitioner under “Site and Services Scheme Madhuban” for which the petitioner has submitted that her application was registered at serial No.194 on 12.2.1987 vide Annex.2. 2. Later on the scheme 2004-05 Annex.10 on record was floated for the already registered applicants with Housing Board and a sum of Rs.35,000/- was required to be paid with the application as stated in clause (5) of the Scheme. The petitioner admittedly paid a sum of Rs.30,000/- vide Annex.3 and was given the receipt of Rs.30,000/- on 14.9.2004 vide Annex.4. CW 321/05 Smt. Jasoda Devi V. Raj. Housing Board : judgment dt. 20.2.2008 2/4 3. Learned counsel for the petitioner submits that on the basis of earlier registration of the application on 12.2.1987, she was entitled to be given a plot in new scheme floated under the Scheme of 2004-05 Annes.10. It is opposed by the learned counsel for the Housing Board on two grounds:- (i) that the earlier scheme of “Site and Services Scheme Madhuban” was not a scheme in which regular registrations were given by the Rajasthan Housing Board and those persons, who were not allotted the plot with only one latrine constructed thereon and some open land under that scheme, they were asked by the general notice to take the refund of their deposit of Rs.300/- under that scheme. Whether the petitioner was given back this refund or not cannot be proved as record pertaining to that scheme is not traceable in the respondent Housing Board, despite efforts made in this regard. (ii) He submits that the petitioner paid only Rs.30,000/- with the application under the 'Self Financing Scheme 2004-05' whereas the requirement was to pay a sum of Rs.35,000/-. Lastly, he submitted that all 117 houses under the said “Self Financing Scheme, 2004-05” have already been allotted, the list of which has already been placed along with the additional affidavit and thus, that scheme is already over and no allotment can be made to CW 321/05 Smt. Jasoda Devi V. Raj. Housing Board : judgment dt. 20.2.2008 3/4 the petitioner under the said scheme of 2004-05 now. 4. In view of the fact that earlier scheme was of limited nature and registration under the said scheme of “Site and Services Scheme Madhuban” was made only for that particular scheme and that deposit money of unsuccessful applicants under that scheme the a sum of Rs.300/ - was directed to be refunded, the petitioner cannot claim any benefit on the basis of that registration vide Annex.2 under the 'Self Finance Scheme of 2004-05'. Moreover, the fact that the petitioner deposited only a sum of Rs.30,000/- with her application under “Self Financing Scheme 2004-05” rendered under the said scheme as requirement of deposit of Rs.35,000/- was clearly stipulated under the said scheme Annex.10 on record, thus, the petitioner cannot claim any rightto be considered under the said later scheme. Added to that the fact that “Self Financing Scheme 2004- 05” also stand exhausted and all the 117 houses having been allotted under that scheme, this Court finds no ground to disturb the said scheme at this stage and direct the respondent Housing Board to consider the application of the petitioner under the said scheme of 2004-05 at this stage. CW 321/05 Smt. Jasoda Devi V. Raj. Housing Board : judgment dt. 20.2.2008 4/4 5. The writ petition is devoid of merit and the same is accordingly dismissed. No costs. [ DR. VINEET KOTHARI ], J. item No.7 babulal/-