JUDGMENT

Hemant Gupta. J.

1. Leave granted.

2. The challenge in the present appeal is to an order passed by the Division Bench of the High Court of Judicature at Patna on November 21, 2017, whereby, the Letters Patent Appeal against an order passed by the learned Single Bench on September 19, 2016 was dismissed.

3. The appellant published an advertisement on May 10, 2008 inviting applications for allotment of plot for health center in Lohia Nagar Housing Colony, Patna measuring 43000 sq. feet at the price of Rs. 1,71,89,057/-. Rs. 1,00,000/- was the earnest money. The respondent applied for such plot along with the amount of earnest money. It was mentioned in the advertisement that upon receipt of more than one application, allotment shall be made by draw of lots and that the Chairman-cum-Managing Director of the appellant has the power to cancel allotment without assigning any reason. The respondent herein was the sole applicant for seeking allotment of plot advertised for health center but no such plot was allotted to the respondent, may be for the reason that the respondent being the sole applicant.

4. The respondent filed writ petition before the High Court in the year 2009 challeng