SISIR KUMAR HALDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) House No. 60/1-8 belonging to the Bihar State Housing Board at Jamshedpur was allotted to the petitioner some tune in the year 1986. According to the petitioner, it was under TAYO puel and he was allotted the same as an employee of Tata-Yadagawa Lid. But, it seems that the house was then allotted to the petitioner directly by the Housing Board through Annexure-4 on an application made on behalf of the petitioner. But without giving any opportunity to show cause to the petitioner, the allotment was cancelled by Annexure-9 on 29.1.1994 and the house in question was settled with one Sheela Devi wife of Respondent No.7, It is stated that such allotment has been made in the name of Respondent No.7 and his wife at the instance of a Minister and the grievance of the petitioner is that natural justice has been violated in not giving any scope of show cause to the petitioner.

(2.) The contention of the respondent is that although the house was allotted in favour of the petitioner in the year 1986 he was never in possession of the same and he had sub-let the same to Sheela Devi and once that Sheela Devi had also filed Title Suit No. 53 of 1991 before the Munsif at Saraikela against the Housing Board and also impleading the petitioner as defendant, but the suit was ultimately withdrawn by Sheela Devi.

(3.) According to the petitioner, the whole process of cancellation and allotment in favour of Respondent No. 7 and his wife Sheela Devi was made behind the back of the petitioner without giving any opportunity of show cause to him and that he had never sub-let the house in question rather according to him, while he went to his original home for the ailment and death of his near and dear one, the Respondent No. 7 and his wife Sheela Devi were put as Care Taker of the house during his absence but manupulating the same they had occupied the house after trespassing into the same.