ASHUTOSH KUMAR Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) -The case of the petitioner is that an advertisement was issued by the Bihar State Housing Board (hereinafter referred to as 'the Board') for allotment of L.I.G. flats in response to which the petitioner made an application dated 21-3-1985 and after completing all the necessary formalities deposited a sum of Rs. 5,000 as earnest money. It is alleged that constructions of flats had already been completed and were ready for allotment. A draw of lots was held on 20-8- 1987 and 21-8-1987 and the petitioner was allotted L.I.G. Flat No. R-146 and the respondents unnecessarily delayed the issuance of formal letters and it was by a letter dated 6-4-1990 (Annexure-1) that L.I.G. Flat No. R-146 was allotted to the petitioner on payment of Rs. 79,400/- (Approximately) and accordingly the petitioner deposited a sum of Rs. 11,080/- on 7-5-1990. Since the petitioner did not want L.I.G. Bat No. R-146, he made an application dt. 4-9-1990 (Annexure-2) for allotment of L.I.G. Flat No, R-40 which was under consideration of the Board.

(2.) However, a writ-petition was filed as Public Interest Litigation which was registered as C.W.J.G No. 1779 of 1989(R) praying for issuance of directions to the Board for making final allotment of L.I.G. flats to persons, who were declared successful in the lottery held on 22-8-1987 and this Court by its decision in the case of Citizens cause, Ranchi v. Bihar State Housing Board & Ors., 1992 (i) BLJR 367, quashed the letters of allotment wherein the disposal price had been mentioned as Rs. 62,800 on the basis of the price as on March, 1990 and directed the Board to fix the disposal price keeping in view the actual cost of constructions and other charges as existing in August, 1987 and further directed that if any of the allottees had deposited the amount in terms of the said tetter of allotment, the Board shall adjust the same against the dues of that particular allottees and prescribed the time schedule for implementation of the directions issued by this Court.

(3.) Respondent No. 3 in pursuance of the directions issued by this court issued the letter dated 23-3-1991 (Annexure-4) informing the petitioner that provisional price of Flat No. R-146 has been fixed at Rs. 63,762=40 only and the amount of monthly instalment was accordingly reduced.