RAMKESHWAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner, on 27.11.1978 deposited earnest money, Rs. 2,000/ - under high and fond hope that some day or the other the respondent Housing Board shall give him a plot to build a dream house; the application was for a plot in Bahadurpur Colony. After the lottery draws were drawn, certain plots were allotted in favour of the others, petitioner could not get any plot. The Housing Board even on non -allotment of the plot did not refund the money immediately after the plots were allotted to others at Bahadurpur, but assured the public that some day or the other some plot at some place on some date would be given to the applicants. The earnest money remained in deposit with the respondent right from 1978 to 1991. It appears that in the mean time, as contended by the counsel for the Housing Board certain matters came before this Court in relation to the allotments of certain plots. This Court directed that all pending applications be considered by the Housing Board and such applicants be given plots at Digha. The respondent thereafter vide their letter No. 338 dated 3.9.1991 allotted Plot No. 5M/7 admeasuring 1430 Sq. Ft. to the petitioner. The allotment amount/price of the plot was tentative fixed as 76,896/ -. The petitioner was required to deposit the amount in accordance with Clause (4) of the allotment order. The petitioner submits that despite earmarking Plot No. 5M/7 the possession of the said plot was not given to the petitioner. The petitioner in his different letters has submitted to the Housing Board that after the plot was allotted he had deposited a sum of Rs. 97,518/ - in stead of Rs. 76;896/ - being the original allotment amount.

(3.) THE facts further are that the Housing Board being unable to allot the plot, is not doing anything further and now when the petitioner has come to this Court seeking the relief of delivery of possession of a plot they simply say that they are not in a position to put the petitioner in possession.