BAGESHWARI PD SINHA Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioner has filed the present writ application for quashing the order dated 5.8.95 issued under the signature of Executive Engineer (respondent no. 3) whereby he has been informed that the prevalent price of the flat allotted to him being Flat no. 7MF -7/27 has been estimated to Rs. 2,41,590.00 and he has been directed to deposit Rs. 15,642/ - over and above Rs. 81,194/ - already deposited by him and to pay the monthly instalments mentioned in the said letter. A copy of the said letter has been annexed as Annexure -1 to the writ application. He has further prayed for directing the respondents to accept Rs. 50,000/ - only as a price of the aforesaid flat as it was prevalent at the time when similar flats were allotted to other persons. During the course of hearing a supplementary affidavit has been tiled praying therein that an appropriate direction may be issued to the respondent authorities to refund the money deposited by him with interest @ 10% and a further sum of Rs. 25,000/ - as an exemplary cost. In other words, he has now confined his writ application only with regard to refund of money deposited by him for allotment of MIG flat by the respondent Housing Board.

(3.) THE petitioner, an employee of the State Government at the relevant time was working as a Probation Officer, Home (Jail) Department, Bihar, Patna and superannuated in the year, 1992. In pursuance of an advertisement by the Board inviting applications for allotment of flats, the petitioner sought permission to deposit registration fee and the earnest money for allotment of MIG flat at Patna in special circumstances. The Chairman of the Board granted permission to deposit the registration fee and the earnest money and in pursuance of which he got himself registered by the Board by depositing Rs. 50/ -. He filed an application and also deposited Rs. 6500/ - as earnest money. The petitioner was expecting that he will be allotted the flat by 1982 but when he was not allotted the same his wife filed a petition before the Chief Minister and the Chief Minister by order dated 28.7.82 ordered that the petitioner will be allotted twin type of MIG flat out of government quota on compassionate ground vide Annexure -4. In spite of that he was not allotted the flat. However, in 1983 a notice was published in the newspaper on behalf of the Board asking the applicants to inspect the seniority list and their registration with the Board in between 24.9.83 and 30.9.83. The petitioner inspected the list and found that his name was missing and therefore he represented the matter before the Board and he was informed that his name has been recorded at serial no. 711 amongst the registered applicants for MIG flats. However, inspite of his best efforts he was not allotted the flat.