SHIVA RATAN RUNGTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED Advocate Mr. Mahendra Prasad Gupta appearing for the petitioner is not present before us.

(2.) THIS petition under Article 226 of the Constitution is filed for recovery of possession of a piece of land bearing plot no.10H/345 at Digha housing project of respondent Bihar State Housing Board (hereinafter referred to as the Board) Pursuant to the application made by the petitioner, under letter of offer dated 25th September 1991, the petitioner was offered sub-plot no. 10H/87 admeasuring 1875 sq. ft. in Digha housing project. Under the said letter of offer the petitioner was called upon to pay the first installment of Rs.35,530/- and the remaining Rs.94,105/- in 60 monthly installments. Clauses 4 and 5 of the said letter of offer required that the said Rs.35,530/- be paid within 30 days in one lumpsum. In case of failure to pay the said amount in one lumpsum and to execute agreement within that time, the allotment would automatically stand cancelled and the earnest money deposit would stand forfeited.

(3.) FOR the aforesaid reasons, petitioner is not entitled to any relief. The petition is accordingly dismissed. The parties will bear their own cost.