KRISHANA KUMAR DAS Vs. BIHAR STATE

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondent authorities to execute registered perpetual lease deed in favour of the petitioner allottee, in whose favour allotment was made on 08.11.1996 and the entire payment was made by him on 07.12.2001 i.e. within the prescribed time. It is further prayed to set aside the demand notice dated 10.08.2011 and 25.10.2013 respectively.

(2.) The brief facts of the case are that the petitioner had applied for allotment of middle income group plot in the town of Chapra vide application dated 24.03.1994 pursuant to an advertisement issued by the respondent Bihar State Housing Board and had made an advance payment of Rs. 3500/-. On 08.11.1996, plot no. MP-174 situated at village-Sadha, Town- Chapra admeasuring 1625 sq. feet was allotted to the petitioner on the basis of draw of lots held on 07.11.1996. The tentative price of the plot in question was fixed as Rs. 74,425/- which was to be paid in 60 monthly installments, whereafter the petitioner had made the requisite payment and a hire purchase agreement was executed on 08.06.1999 with regard to the plot in question in between the petitioner and the respondent no. 4 and the possession of the plot in question was given to the petitioner, as is apparent from the possession report dated 10.05.2000, prepared by the Junior Engineer i.e. the respondent no. 5. The petitioner is stated to have made the entire payment of the total sale consideration in between the period 11.09.1999 to 07.12.2001, whereafter the petitioner had requested the respondent authorities to execute and register a perpetual lease in respect of the aforesaid plot in question, however, the respondent authorities did not do the needful and on the contrary illegal and unlawful demands totaling to a sum of Rs.

(3.) ,03,871.98 and Rs. 4,14,248.39 were made by the respondents vide demand letters dated 10.08.2011 and 25.10.2013. 3. Per contra, the learned counsel appearing for the Housing Board, has submitted that as per clause-3 of the hire purchase agreement in question, the petitioner was required to pay to the Board without waiting for any demand, the balance amount of cost/premium in 60 installment of Rs. 1380.20/- per month. It is further submitted that as per clause 4A of the agreement in question, the total disposal price indicated therein was according to the estimate, hence, was tentative and in case of any increase in the cost of development or due to increase in cost for land acquisition or on account of increase in cost due to variation upon final valuation being made or for other reasons, incremental cost would be payable by the settlee either in installment or in lump sum. It is the case of the respondents that the calculation chart annexed as Annexure-A to the counter affidavit would show that the petitioner had not paid the installments within time. The learned counsel for the respondent Housing Board has also referred to the supplementary counter affidavit filed in the present case to contend that though the installment had started on 07.07.1999 but the petitioner had paid the installments as per his convenience and not in the first week of every month resulting in levy of interest amount. It is also submitted that the petitioner had stopped paying installments with effect from 07.12.2001, on which day the due amount was Rs. 20,154/-, hence the same has also resulted in levy of interest. It is also submitted that at the time of payment of 60 th installment, the outstanding dues to be paid by the petitioner was a sum of Rs. 23,376.49. The respondent Board, after completion of payment of all the 60 installments, made the final calculation and informed the petitioner about the outstanding dues vide letters dated 04.01.2006, 30.10.2007 and 10.01.2008, however, the petitioner did not act accordingly. Lastly, it is submitted that the outstanding amount up to the month of September, 2012 was Rs. 2,29,619.39, which does not take into consideration the period of delay, however, the outstanding dues as on date i.e. up to the month of June, 2019 is Rs. 6,08,213.29.