1. By this petition under Article 226 of the Constitution of India the petitioner seeks a mandamus against the respondents No. 1 and 2 that they be required to allot Flat No. 305 of Block No. II/93 situate at P. I. T. Colony, Kankarbagh, Patna belonging to the respondent Patna Regional Development Authority (in short "the PRDA").

2. The facts necessary for disposal of the present petition are that on 15-7-2001 in dainik Jagran, a Hindi daily news paper, the respondent PRDA advertised a public notice that on submission of requisite applications flats under the Self Financing Scheme shall be allotted on the principle of "First Come first Served." The petitioner submits that in response to the said advertisement (Annexure-1) he purchased the brochure from the PRDA and submitted his duly filled application with a Bankers cheque for a sum of Rs.15,000.00 to the PRDA at 11.10 A. M. According to the petitioner he being the first was entitled to the allotment but the respondents No.1 and 2 made the allotment order on 22-12-2001 under Order No. 4812 in favour of the respondent No.3 which is not only contrary to law but smacks of mala fide.

3. On the strength of the aforesaid it was