ORDER

Pathak, J.-- 1. The present writ appeal preferred under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyyaypeeth Ko Appeal) Adhiniyam, 2005 by appellant against the order dated 13.10.2025 passed by learned Single Judge in Writ Petition No.3569/2016, whereby petition preferred by the appellant (hereinafter referred to as “the petitioner”) has been dismissed.

2. The matter pertains to cancellation of allotment of house No.A-62 allotted under Apna Ghar Scheme at Shatabdipuram, Gwalior. Petitioner being belonging to Economically Weaker Session (EWS) category was allotted house No.A-62 by respondent No.3 vide order dated 16.11.2004. In terms of the allotment order dated 16.11.2004, the total cost of the house in question was Rs.52,500/-, against which petitioner deposited Rs.10,000/- towards registration charges at the relevant time. Since petitioner did not pay the installments, therefore, she was served with a notice dated 14.8.2012 asking her to pay installment amount of Rs.3,98,417/- as per the decision of the Board of Gwalior Development Authority (GDA) dated 8.6.2012, failing which the allotment would stand cancelled. Against the said notice, petitioner approached learned Writ Court by preferring W.P. No.6480/2012, which was disposed of vide order dated 14.9.2012, directing the respondents to afford an opportunity of personal hearing to the petitioner for redressal of her grievance and till such time, the respondents were restrained from taking any coercive action against the petitioner.

3. In compliance to the aforesaid order, petitioner appeared before the authorities. However, she was never informed regarding any decision and suddenly, the impugned order dated 28.4.2016 has been passed, whereby the petitioner has been informed that for non-deposit of the premium as well as the installments amount, the allotment order stands cancelled. Petitioner again preferred writ petition bearing No.3569/2016 and since the said petition was dismissed, therefore, she is before this Court.

4. It is the submission of learned counsel for the appellant that the order impugned passed by the respondents is arbitrary and illegal. Petitioner is ready to pay all the standing amounts due against her but despite showing her willingness to the respondents, her allotment order has been cancelled. It is further submitted that the order passed by learned writ Court in earlier round of litigation was also not complied with by the respondents and abruptly cancelled the allotment order of petitioner. It is further submitted that learned writ Court also did not consider the controversy in correct perspective and dismissed the writ petition. Thus, prayed for setting aside the impugned order.

5. Counsel for the respondents/State opposed the prayer and prayed for dismissal of this appeal.

6. Learned counsel for the Gwalior Development Authority opposed the prayer and submits that despite giving ample opporunities to deposit the amount, petitioner failed to do so, therefore, rightly her allotment order was cancelled. Petitioner was allotted the house in 2004 and at that time, she only paid registration fee of Rs.10,000/- and since then she is residing there without making payment of rest of the amount as agreed between the petitioner and Gwalior Development Authority. House was allotted to the petitioner in 2004 and till 2012 she did not make any payment, therefore, rightly her allotment was cancelled.

7. Learned counsel appearing for respondent No.5 submits that in a bid proceedings, he has been allotted the house in 2018 and despite making full payment of the installments, he is still waiting for possession of the house. Since petitioner did not choose to pay the amount in time, therefore, the said house was allotted to him. Thus, prayed for dismissal of this writ appeal and handing over of possession to him.

8. Heard learned counsel for the parties and perused the record.

9. This is a case where petitioner is taking exception to the order dated