ARUN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this batch of writ petitions, the Petitioners are aggrieved by the final order passed by the Pricing Committee, constituted by the Respondent Bihar State Housing Board (hereinafter referred to as the Board) in compliance of order and direction issued by a Division Bench of this Court in CWJC No. 47 of 1994 and CWJC No. 2724 of 1996. The aforesaid Pricing Committee has passed separate orders, impugned herein in this batch of writ petitions, in view of remand order made by this Court, when the Petitioners had approached this Court separately on previous occasion raising their grievances against the demand notice issued by Respondent Board, whereby enhanced price of the house in question allotted to them separately was demanded.

(2.) For the purpose of deciding the issues involved in these cases, the basic facts shall be noticed from the pleadings of CWJC No. 6966 of 2000, unless specific reference is made with respect to other connected writ petitions.

(3.) It is common case of the parties that in the year 1978, an advertisement was published in a local newspaper published from Patna inviting applications from the eligible persons for allotment of 250 M.I.G. (Middle Income Group) houses at Hanuman Nagar (Patna) on hire purchase basis. The Petitioners of all the cases claim to have submitted their separate applications on fulfillment of stipulated conditions indicated in the advertisement, and they were finally allotted separate M.I.G. House by the Respondent Housing Board. The Petitioner was issued order of allotment dated 6.1.1982 (Annexure-2), wherein the tentative cost of the house was shown to be Rs. 66,594/-. In the letter of allotment itself it was indicated that if the price for acquiring the land and development cost are increased, then the allottee would be liable to pay the enhanced price fixed by the Respondent Board. In view of the aforesaid allotment, a Hire Purchase Agreement for house in question was signed by the parties on 20.1.1982 (Annexure-3), wherein terms and conditions for allotment of the house in question were clearly indicated. Clauses-2 and 4 of the aforesaid agreement are relevant and as such are being reproduced herein below: