SANJAY KUMAR SINGH Vs. PATNA REGIONAL DEVELOPMENT

JUDGEMENT

(1.) The petitioners in this application seek to challenge the directions and orders contained in Annexures-8, 10 and 11. Annexure-8 is a copy of the communication dated April 2, 1987 addressed to Respondent No. 5 (from whom the petitioners had purchased the flat in question) intimating that the allotment of Flat No. 123 in Block No. 14 situated at Rajendra Nagar, Patna in her favour had been cancelled from the date of the issuance of the letter. It was stated in this letter that respondent No. 5 had transferred the flat to respondent No. 4 without obtaining prior permission from the Patna Regional Development Authority (hereinafter referred to as 'the Authority') and had also constructed two rooms on the roof of the flat in an illegal manner. The action of the allottee, it was alleged, constituted breach of the conditions of the lease and for this reason the allotment was cancelled.

(2.) Annexure-10 is an order of eviction passed in purported exercise of power under Section 85(4) of the Regional Development Authority Act in Eviction Case No. 7/88 initiated against the petitioners and respondents 4 and 5. Annexure-11 is the notice of eviction following the order passed in the eviction proceeding, declaring the petitioners and respondent Nos. 4 and 5 as trespassers and also liable for damages.

(3.) The uncontroverted facts that emerge from the pleadings of the parties are as follows: