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Judgment
By way of this writ petition, the petitioner has approached this Court seeking to challenge the allotment letter (Annex.2) dated 23.12.2009 issued by the respondent Rajasthan Housing Board, Hanumangarh to the petitioner for allotment of house no.2/75 category MIG in the scheme named New Land Manaksar Link Road, Rajasthan Housing Board, Suratgarh.
The petitioner has raised a grievance regarding the rate charged by the respondent for the extra land admeasuring 149.484 sq. meters at Rs.1900/- per square meter claiming that the said excess land rate charged by the respondent is unauthorised and illegal.
In the reply to the writ petition, it is asserted that the Housing Board has taken a conscious policy decision that additional land shall be chargeable at 50% extra from the normal rate of land. The said policy decision is not in challenge in the instant writ petition. Condition No.4 of the order dated 14.7.2009 prescribing the applicable rates of lands in Housing Board Schemes reads as under :-
"VERNACULAR MATTER OMITTED"
In view of these facts, it is evident that the Rajasthan Housing Board was undoubtedly entitled to charge at the rate of Rs.1900/- per square meter for the extra land admeasuring 149.484 square meters while issuing the allotment letter to the petitioner. The petitioner had an option whether or not to go ahead with the deal. In case, the petitioner felt that the rate of extra land being charged by the Rajasthan Housing Board was excessive, then he could have withdrawn from the process of allotment.
Be that as it may. Having regard to the material available on record, I am of the firm opinion that the allotment letter (Annex.2) dated 23.12.2009 wherein the rate of extra land has been charged at Rs.1900/- per square meters does not suffer from any illegality, irregularity or arbitrariness so as to require invocation of the extraordinary writ jurisdiction of this Court. It may further be observed that the petitioner has managed to stall the proceedings of allotment for a period of nearly six and half years by filing the instant writ petition and thus, if he still seeks allotment of the house in question, then he shall have to accede to the additional charges etc. which may be levied for the delay occasioned in payment towards the allotment as per the norms/policy decisions of adopted by the Rajasthan Housing Board.
The writ petition as well as stay application are dismissed with the above observations.