RANGILA RAM RAO Vs. HIMACHAL PRADESH HOUSING BOARD

JUDGEMENT

(1.) This case has a long tortuous history. In order to trace it, we have to go back to June 19, 1981 when the petitioner moved application (Annexure R-5) to the Secretary-cum-Chief Engineer, Housing Board, Shimla for the allotment of Plot No. 20-A in H.I.G. Housing Colony, Jakhoo, Shimla alongwith registration charges.

(2.) The petitioner belongs to Scheduled Tribe. At the relevant time, he happened to hold the office of Chief Parliamentary Secretary in the State Government. This application was followed by another application dated June 20, 1981 on the prescribed proforma. If one looks at application dated June 19, 1981, it can be noticed that the Chairman of the respondent-Board had approved the registration of the application of the petitioner had also sanctioned the allotment of the plot. As a sequal to the sanction granted by the respondent-Board, a sale-deed (Annexure P-14) was executed on July 10, 1981. It has been signed by the petitioner as well as the Secretary-cum-Chief Engineer of the respondent-Board. The petitioner was put in possession of the plot in Sept., 1981. He further claims that by virtue of this transaction, he became complete owner of the plot since he had paid the full price and by virtue of the sanction and execution of relevant documents. After the conclusion of this transaction, the respondent-Board had no power to revoke the grant in question.

(3.) In addition to the present plot, the respondent-Board had also allotted a few other plots. The matter appeared before the Court in Civil Writ No. 10 of 1982 and ended by order of this Court dated March 9, 1989 when the learned Counsel appearing for the Board submitted that the allotments made in favour of certain allottees had been cancelled by the Board.