SRI RAM TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the Bihar State Housing Board.

(2.) THE petitioner seeks quashing of the Resolution at Item No.2 under heading Other, contained in Memo No. 162 dated 18.1.1990 passed by the Bihar State Housing Board, Patna in its 130 th Meeting by which the representation of the original petitioner has been rejected and for a direction upon the Board to consider the application of the original petitioner for allotment of MIG House No. 192 at Hanuman Nagar, Patna and for consequential reliefs.

(3.) IN the counter affidavit filed on behalf of the respondents the stand taken is that it is evident from the money receipt dated 20.1.1967 (Annexure -1) filed by the petitioner that she had herself stated the name of her husband as K.N.Pandey which has been interpolated and made as R.S.Tiwary. It is further submitted that she gave her address as C/o. Sri Ram Tiwary who was in fact a Government Official and her husband. It is stated on the basis of the aforesaid facts that the petitioner's claim that Jagmuni Devi, wife of K.N.Pandey was someone else to whom Flat No. 6MF2/2/38 at Bahadurpur was allotted and registered with is without any basis and she had intentionally created such confusion for the reasons best known to her and which according to the respondents shows her scheming nature. It is further stated that Flat No. 6MF2/2/38 was allotted to the petitioner and was communicated to her by letter dated 20.10.1994 (Annexure -A) and thereafter she even executed an agreement with the Board on 23.2.1987 and took possession of the allotted flat on 25.5.1989 and the said allotment and possession letters have been made Annexures B & C to the counter affidavit. It is further submitted that there is no valid allotment order with respect to MIG House No. 192, Hanuman Nagar in favour of the petitioner and she had illegally and unauthorisedly occupied the same since 1981 and her statement that on the basis of an oral order of the then Chairman, Housing Board she was in occupation of the MIG House No. 192, Hanuman Nagar was found totally false. It is further submitted that the petitioner being an unauthorized occupant is liable to pay penal rent since 1981.