[2025:RJ-JP:12537] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1288/1985 Chiranji Lal Sharma (since deceased) through his Legal Representatives:- 1/1. Mrs. Raka Sharma, Wife Of (Late) Chiranji Lal Sharma, Aged About 73 Years, R/o. 96B, New Mandi, Mazaffarnagar (U.P.) 1/2. Mrs. Shweta Pathak Wife Of Shri Somnath Pathak, D/o (Late) Chiranji Lal Sharma, Aged About 37 Years, R/o. Ganesh Bhawan, Dr. Headgewar Nagar, Behind Nagar Panchayat Office, Shirdi-423 109 (Maharashtra) 1/3. Mrs. Shruti Sharma Wife Of Shri Ashutosh Koshash, D/o (Late) Chiranji Lal Sharma, Aged About 35 Years, R/o. 102, A-Block, First Floor, Ambica Tower, 2/2, Girish Ghosh Road, Belur Howrah- 711 202 (Kolkata) ----Petitioners Versus 1. Rajasthan Housing Board, through its Secretary, 38, Bhagwant Das Road, C-Scheme, Jaipur. 2. Housing Officer, Malviya Nagar Scheme, Rajasthan Housing Board, 38, Bhagwant Das Road, C-Scheme, Jaipur. ----Respondents For Petitioner(s) : Mr. K. Verma For Respondent(s) : Mr. Ajay Shukla HON'BLE MR. JUSTICE SUDESH BANSAL Order 19/03/2025 1. Heard counsel for both the parties and perused the record. 2. Instant civil writ petition under Article 226 of the Constitution of India was filed by the original petitioner Chiranji Lal Sharma (now deceased and represented through his natural heirs) way back in the year 1985, laying his claim to allot a house, having [2025:RJ-JP:12537] (2 of 3) [CW-1288/1985] area of 92 square meters (20ftx50ft) in the scheme of Rajasthan Housing Board as also made a prayer to quash the allotment of plot made in favour of petitioner vide letter dated 7th November, 1984 of House No.13/716, Malviya Nagar, Jaipur having area of 23.52 square meters. 3. It appears that the petitioner neither expressed his interest nor deposited the installments to ensure allotment of House No.13/716, therefore, allotment of such house has been cancelled by the Rajasthan Housing Board vide order dated 08.12.1986 and thereafter, this house has been allotted in favour of a third person namely, Smt. Sita Devi on 05.02.1987. The order of Rajasthan Housing Board dated 08.12.1986 and allotment letter issued in favour of Sita Devi, dated 05.02.1987 are available on record as Annx.R A/1 collectively. 4. It is noteworthy that the allottee Ms. Sita Devi has not been impleaded as party in the instant writ petition nor the cancellation order dated 08.12.1986 has been put to challenge and petitioner continued this writ petition with his claim for allotment of house having area of 92 square meters. 5. Thus, as far as prayer of petitioners to quash the allotment letter dated 07.11.1984 is concerned, same has rendered infructuous in view of cancellation of such allotment by the Rajasthan Housing Board itself vide order dated 08.12.1986. 6. As far as claim of petitioners for allotment of a house of 92 square meters is concerned, factual matrix of the case is that the application was moved by petitioner for allotment of house in the scheme of the Rajasthan Housing Board way back in the year 1973 and the allotments were made by way of lottery system. [2025:RJ-JP:12537] (3 of 3) [CW-1288/1985] House No.13/176 was allotted to petitioner, considering the income of petitioner. 7. In the backdrop of scheme of allotment of plots by the Rajasthan Housing Board through lottery system, petitioner could not establish his claim for allotment of a house of 92 square meters showing any vested legal rights, hence, the claim made by petitioner is not liable to be accepted. 8. It is not in dispute that the petitioner deposited Rs.500/- registration fees at the time of submitting the application form. The counsel appearing for the Rajasthan Housing Board submits that the legal representatives of petitioner may get refund of registration fees, after deduction of the cancellation charges. Thus, it is open for the petitioners to receive back the balance amount of registration charges from the Rajasthan Housing Board, if so desire. 9. As a result, claim laid by petitioners for allotment of a house of 92 square meter is devoid of merits and same is hereby rejected. However, it is open for the petitioners to receive back the balance registration fees from the Rajasthan Housing Board. 10. In view of above, instant writ petition is hereby dismissed with the aforesaid liberty. 11. Any other pending application(s), if any, stands disposed of. (SUDESH BANSAL),J SOURAV /255-S