SUNILCHAND SUCHANTI Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) THE learned advocates for the respondents State of Bihar and the Bihar State Housing Board are not present before us.

(2.) THE petitioner, a resident of Mohalla- Chaukhandi, P.0. Bihar Sharif, District- Nalanda, has filed this writ petition under Article 226 of the Constitution of India for a direction to the respondent- Bihar State Housing Board (hereinafter referred to as the Board) to allot to the petitioner a land/plot/house in Higher Income Group pursuant to the application for such allotment made by him on 8th April 1981. It is the claim of the petitioner that pursuant to the public advertisement given by the Board the petitioner had applied for allotment of a plot of land in Higher Income Group and had also paid registration fee of Rs. 50/-. THE petitioner paid earnest money of Rs. 5,000/- on 26th May 1981. THE claim of the petitioner is that the Board was under obligation to provide a plot of land/house in Higher Income Group to the petitioner and, as the Board has failed to discharge its obligation, the petitioner is constrained to file the present petition under Article 226 of the Constitution of India. Learned Advocate Mr. R.K.P. Singh has appeared for the petitioner. He submits that in answer to the public advertisement issued by the Board, the petitioner had made offer to purchase a plot of land/house in Higher Income Group. Thus, there was a completed contract between the Board and the petitioner and that the petitioner has a contractual right to allotment of a plot of land or a house in the Higher Income Group. He has also submitted that Section 51 of the Bihar State Housing Board Act empowers the Board to dispose of the land. THE petitioner has, therefore, right of allotment of a plot of land/house as demanded by him.