RAJEEV KUMAR Vs. THE BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) Whether the Bihar State Housing Board, Patna (hereinafter referred to as the "Board") can enhance the price of a plot allotted to the petitioner invoking Clause-4 of the Hire-Purchase Agreement dated 23.2.1981 (Annexure-1) on the basis of the price received by the Board in an auction-sale of another plot is the primary issue which needs adjudication in the present case. Maintainability of the writ petition has been questioned on behalf of the Respondent Board on the ground of availability of alternative remedy of resolution of the dispute through arbitration as per the conditions of the said Hire-Purchase Agreement as also on the ground that the dispute is purely contractual in nature; and is thus a peripheral issue which also requires consideration in the present case. There is absolutely no dispute with regard to the facts. The present lis is to be decided on the basis of the admitted facts by interpreting Clause-4 of the Hire-Purchase Agreement dated 23.2.1981 between petitioner's father (original petitioner, since deceased) and the Board which is Annexure-1 to the writ application.

(2.) As per the pleadings in the writ application, the facts of which are not disputed in the counter affidavit, the Bihar State Housing Board vide its letter No. 1117 dated 21.2.1981 allotted commercial plot of land bearing No. P/540 for residential purpose at Commercial rate of total cost determined at Rs. 37,985.00 in favour of the petitioner's father late Ram Padarath Sharma (original petitioner). It has been pleaded that he had deposited initial payment of Rs. 9,497.00 towards cost or premium of the said commercial plot.

(3.) On 23.2.1981, the petitioner and the Housing Board entered into a Hire-Purchase Agreement for the said plot of land. The relevant portion of opening paragraph of the said agreement is being quoted hereinbelow:--