ANIL KUMAR Vs. MEGHAN YADAV AND ORS.

JUDGEMENT

(1.) MR . Kamal Nayan Choubey, learned senior counsel assisted by Mr. Ravi Kumar, Advocate on record seeks permission to delete the respondent Nos. 8 to 14 as he does not intend to press the relief against them and for the said reasons, it is submitted by him that he does not intend to press I.A. No. 1126/2012 also. Permission is granted to delete the respondent Nos. 8 to 14 as also the relief contained in sub -para -c of para -1 of the writ application in the course of the day. I.A. No. 1126/2012 is also, accordingly, dismissed as not pressed.

(2.) HEARD learned counsel for the petitioner and learned counsel for the respondent Housing Board.

(3.) THE vendor of the petitioner, Lalan Prasad had applied for and was allotted plot No. 6H/74 by letter dated 26.9.1988 of the Housing Board and thereafter on 9.12.1988 an agreement was entered into between the Board and the said vendor. The said Lalan Prasad after obtaining permission from the Board and depositing the premium (Labhansh) for such transfer amounting to Rs. 1,87,588/ -, sold the said land to the petitioner by transfer deed dated 28.6.2000. After the said transfer, the petitioner wrote to the Estate Officer of the Board to give physical possession of the plot in question by letter dated 14.7.2006. Prior to the date of the said transfer, the vendor of the petitioner finding that encroachments had been made on the plot in question by the adjacent plot owners, had made a complaint before the Board. The authorities of the Board referred the matter to the competent authority in terms of Section 59 of the Act for removal of the encroachment caused by the adjacent plot owners. The vendor of the petitioner had also made another complaint against one Raghunandan Bhagat for making illegal construction over the said plot on which the officials of the Housing Board lodged their report before the Agamkuan Police Station on 21.4.1999. Another written report was lodged by the Executive Engineer of the Housing Board on 5.5.1999 before the Agamkuan Police Station for taking action with regard to illegal construction over the disputed plot by the said person. However, while the Housing Board filed Eviction Suit No. 22/1999 against the adjacent plot owners of plot No. 6H/75 but no such eviction suit was filed against the encroachment made by Raghunandan Bhagat.