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        Case ID :

        2018 (5) TMI 989 - HC - Indian Laws

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        Court orders petitioner to provide certificate and fresh affidavit to address document discrepancies, case disposed. The court directed the petitioner to provide a certificate and fresh affidavit for verification to address discrepancies in documents and ration card, ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Court orders petitioner to provide certificate and fresh affidavit to address document discrepancies, case disposed.

                                The court directed the petitioner to provide a certificate and fresh affidavit for verification to address discrepancies in documents and ration card, setting aside the earlier order and disposing of the petition without costs.




                                Issues:
                                1. Allotment of MIG flat under NPRS-79.
                                2. Change of address and registration transfer.
                                3. Non-allotment of flat and withdrawal of decision.
                                4. Discrepancies in documents and ration card.
                                5. Justification for withdrawal of allotment decision.

                                Issue 1: Allotment of MIG flat under NPRS-79
                                The petitioner's husband applied for an MIG flat under the NPRS-79 scheme. After his death, the petitioner sought to transfer the registration in her name. The respondent initially approved the transfer and allotted a flat, but later withdrew the decision, citing discrepancies in documents.

                                Issue 2: Change of address and registration transfer
                                The petitioner informed the respondent about the change of address after her husband's death. She submitted necessary documents, including a ration card with updated address. The respondent changed the registration in her name but later raised objections regarding the address change.

                                Issue 3: Non-allotment of flat and withdrawal of decision
                                The respondent canceled the allotment due to non-payment after sending demand letters to the old address. The petitioner contended that she did not receive the communication and approached the respondent for redressal. The respondent later approved the allotment under the "wrong address policy" but then withdrew the decision.

                                Issue 4: Discrepancies in documents and ration card
                                The respondent pointed out discrepancies in the documents submitted by the petitioner, including overwriting on the affidavit and similarities in ration card numbers for different addresses. The petitioner argued that the changes were made due to address updates within the same locality.

                                Issue 5: Justification for withdrawal of allotment decision
                                The main issue was whether the respondent was justified in withdrawing the allotment decision based on document discrepancies. The court emphasized the need to verify the petitioner's identity and address changes through the ration card authority. The court directed the petitioner to provide a certificate and fresh affidavit for verification, setting aside the earlier order and disposing of the petition without costs.
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                                ActsIncome Tax
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