YOGENDRA RAY Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondents to execute the deed of agreement of Janta Flat at Bahadurpur Housing Colony, Patna bearing Flat no. FF-211, allotted to the petitioner by the Bihar State Housing Board, Patna (hereinafter to be referred to as "the Board"), vide letter dtd. 29/10/1983 and consequently, deliver the possession of the said Flat to the petitioner.

(2.) The brief facts of the case, according to the petitioner, is that the respondent-Housing Board had issued a general notice inviting applications from the general public for allotment of housing sites and dwellings in the month of September, 1974, whereupon the petitioner had applied for allotment of Flat. It is further submitted that in pursuance to the application submitted by the petitioner, the respondent-Housing Board had allotted a Janta Flat bearing Flat no. FF-211, vide letter dtd. 29/10/1983, whereby and whereunder a sum of Rs.2,660.00 was to be deposited in the account of the Housing Board within 30 days and rest of the amount, to the tune of Rs.12,240.00, was to be deposited in 120 monthly installments of Rs.142.00 per month. It is the case of the petitioner that the petitioner had deposited a sum of Rs.2,660.00 on 23/11/1983 i.e. within time and had requested the respondent-Board to execute the agreement in question, however, the respondent- Board had not responded. It is the further case of the petitioner that after about 15 years, the respondent- Board had informed the petitioner, vide letter dtd. 18/12/1998, regarding execution of agreement within 15 days, whereafter the petitioner had approached the concerned Executive Engineer on 8/1/1999 but no action was taken. Subsequently, the Executive Engineer, Housing Board, vide letter dtd. 7/3/2002, had informed the petitioner that the price of the Flat has been revised and the balance outstanding amount totals upto a sum of Rs.85,966.00, which is required to be paid in 120 installments i.e. @ Rs.1196.35 per month. The petitioner had then requested the Executive Engineer of the respondent-Board vide application dtd. 9/3/2004 for execution of agreement but to no avail, nonetheless, the respondent- Board had sent a letter dtd. 20/4/2004 to the petitioner, raising the cost of Flat to a sum of Rs.1,19,547.00.

(3.) It is also contended by the Ld. Counsel for the petitioner that the respondent-Board had published a notice on 17/2/2013, in the daily newspaper "Hindustan" regarding revival of allotted flats on the basis of revised rate and such scheme was valid till 31/3/2013.