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[2025:RJ-JP:9775] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6175/2016 Smt. Krishna Devi W/o Surendra Kumar, aged about 39 years, R/o 327, Purohito Ka Mohalla, Mundawar, District Alwar (Raj). ----Petitioner Versus Urban Improvement Trust, Alwar Through Its Secretary ----Respondent For Petitioner(s) : None present For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 05/03/2025
1. As per office report, PF and notice to the respondent has not been filed by the petitioner.
2. No one has put in appearance on behalf of petitioner, hence in such circumstances, the writ petition is being considered on merits as per the material available on record.
3. Petitioner filed instant writ petition on 13.04.2016, seeking direction against the respondent-Urban Improvement Trust, Alwar to give possession of Flat No.SF/279 in Budh Vihar Scheme at Alwar or in alternative to allot another flat to petitioner.
4. It appears from the record that petitioner belongs to OBC category, however she applied under SC category and Flat No.SF/279 in Budh Vihar Scheme was allotted to her in the category of SC but on revealing the correct fact that the petitioner belongs to OBC category and not in the SC category, the allotment of such flat was cancelled vide order dated 02.11.2015 (Ann.4).
[2025:RJ-JP:9775] (2 of 2) [CW-6175/2016]
5. From the pleadings and documents of petitioner, it is an undisputed fact that the petitioner belongs to OBC category, yet had applied in the SC category. It has been pleaded that the same was done by the petitioner inadvertently.
6. Indisputably, the Flat No.SF/279 in Budh Vihar Scheme was allotted to petitioner, treating her the person of SC Caste but since she does not belong to that caste, allotment was cancelled.
7. This Court does not find the action of respondent, cancelling the allotment of Flat No.SF/279 in Budh Vihar Scheme vide order dated 02.11.2015, as arbitrary or suffering from any vice of arbitrariness and perversity.
8. As far as claiming alternative relief from the Urban Improvement Trust, Alwar to allot any other flat is concerned, flats were allotted through lottery system, hence no such direction can be passed by this Court in exercise of power under Article 226 of the Constitution of India.
9. Hence, the writ petition is devoid of merits and same is hereby dismissed.
10. Stay application and pending application, if any, also stand
disposed of.
(SUDESH BANSAL),J TN/85