SHIVGOBIND SAH 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.10M/383 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 allotment dated 26th September 1991, the petitioner was allotted sub-plot no. 10M/383 admeasuring 1430 sq. ft. in Digha housing project. Under the said letter of allotment the petitioner was called upon to pay the first installment of Rs.21,269/- and the remaining Rs.53,828/- in 60 monthly installments. Clauses 4 and 5 of the said letter of offer required that the said Rs.21,269/- 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. Admittedly the petitioner did not pay the amount as required; nor did he execute the agreement; nor did he pay the monthly installments. Instead the petitioner approached this Court in above CWJC No. 1089 of 1992. He challenged the price of the land determined by the Board. According to the petitioner the price of land determined by the Board was exorbitant. The Board was not supposed to realise the price unless the Board identified the plot allotted to the petitioner. The Board must first fix the land price in each group of plots, i.e. the plots in lower income group, middle income group and higher income group. The petitioner has also challenged the validity of Clauses 2, 3, 4, 5 , 7 and 9 of the letter of allotment.