VAIDYA NATH PRASAD SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these matters the question of allotment of flat/house, execution of agreement/final deed of transfer and further demand by the Housing Board is involved and, as such, they have been heard together and are being disposed of by common judgment and order. C.WJ.C.No. 11808/98

(2.) The petitioner filed an application pursuant to the advertisement for purchase of M.I.G. House and deposited earnest money as required. He was allotted M.I.G. House No. 90 on 21.9.1981 and a hire purchase agreement was executed on 9.12.1981. The price was fixed in 1972 at Rs. 36,000, in 1978 at Rs. 58,000, and in 1981 at Rs. 66,382. On 4.12.1982 the allotment was cancelled. However, the said order of cancellation was quashed by the High Court. The possession of the House was handed over to the petitioner on 5.12.1992. He made payment of the entire instalments at one time within the stipulated period fixed by the Board on 14.11.1994. On 11.3.1996 the petitioner was intimated the due amount of Rs. 28,149 to be paid by him. The petitioner paid the aforesaid amount on 13.3.1996. According to the petitioner, he paid Rs. 1,33,198.55 upto 13.3.1996. On 18.6.1996 the transfer deed was executed with respect to M.I.G. House No. 90 in favour of the petitioner. A letter dated 8.1.1997 was served upon the petitioner asking him to deposit Rs. 1,18,960 as due against him upto 31.12.1996. The petitioner filed objection against the said demand on 27.1.1997 and requested to supply the details as to how the dues have been determined but nothing was done. The petitioner, thus, has filed this writ petition for quashing the aforesaid demand, Annexures-12 and 14. C.W.J.C. No. 11827/98

(3.) The petitioner pursuant to the advertisement filed an application and deposited Rs. 50/- in the year 1972 and also pursuant to the advertisement deposited earnest money of Rs. 65.00/- in the year 1978 for allotment of M.I.G. house. Vide letter dated 26.9.1981 he was allotted M.I.G. House No. 65. The cost was determined at Rs. 66,382/-, which was to be paid in instalments fixed by the Board. He deposited 25% of the initial amount. On 7.11.1981 an agreement of hire purchase was executed by the Housing Board in favour of the petitioner with respect to M.I.G. House No. 65. Vide letter dated 4.12.1982 the allotment of M.I.G. House No. 65 in favour of the petitioner was cancelled. However, the said order of cancellation was quashed by the High Court. The petitioner deposited the entire amount on 25.10.1986 i.e. Rs. 49.7467-. The possession of the house was handed over to the petitioner vide letter dated 15.12.1989, Annexure-7, Vide letter dated 28.4.1989 the petitioner was informed about the dues on principal amount and the interest thereon due against him after calculation till 30.6.1989 amounting to Rs. 41.662/-. The petitioner paid the said amount on 29.5.1989, Annexure-10. The petitioner made objection with regard to defects in construction but nothing was done. The final transfer deed was executed by the Board in favour of the petitioner on 17,7.1990, Annexure-12. However, vide letter dated 8.1.1997 the petitioner was directed to deposit Rs. 1,37,0627- as due against him upto 31.1.1997, Annexure-14. The petitioner raised objection and made request to supply the details of the dues but nothing was done in spite of the reminders and, as such, he has filed the writ petition for quashing the demand contained in letter dated 8.1.1997. Annexure- 14. made much after the execution of the final deed of transfer in the year 1990. C.W.J.C. No. 12091/98