Giridhari Mohanty v. Central Government Employees, Welfare Housing Organisation (Cgewho) & ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 700/2016 & CM APPL. 2910/2016 GIRIDHARI MOHANTY ..... Petitioner Through: Mr. Ravindra S. Garia, Advocate with Mr. Abhinav S. Raghuvanshi, Advocate.

versus CENTRAL GOVERNMENT EMPLOYEES, WELFARE HOUSING ORGANISATION (CGEWHO) & ANR ..... Respondents Through: Mr. Ripu Daman Bhardwaj, Advocate with Mr. T.P. Singh and Mr. Sarthak Chaturvedi, Advocate for UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.01.2016 Present writ petition has been filed seeking quashing of cancellation of letters dated 29th June, 2015 and 17th November, 2015 by virtue of which the respondent No.1 cancelled the allotment of the petitioner in Central Government Employees Welfare Housing Organisation (CGEWHO), Bhubaneshwar, Phase-II Project on account of non-payment of dues. It has been averred that the original price of the flat at the time of application was fixed at Rs.28.70/- lacs which was later on revised to Rs.46,55,352/-.

Learned counsel for petitioner states that the hike in the price is attributable to the collusion between the functionaries of the Society and the private contractors.

This Court is of the opinion that in writ proceedings, it is not possible to examine the allegation of collusion between the functionaries of the Society and the private contractors as it would require production of both oral and documentary evidence. Moreover, as to who is responsible for the delay also requires a detailed trial.

Consequently, this Court is of the view that the present writ petition is not maintainable.

Accordingly, present writ petition and application are dismissed with liberty to petitioner to file other appropriate legal proceedings in accordance with law.

MANMOHAN, J JANUARY 29, 2016 js