BIHAR STATE HOUSING BOARD Vs. SHIV SAHAY VERMA

JUDGEMENT

(1.) RESPONDENT Nos. 2 to 5 i.e., Bihar State Housing Board and its officers being aggrieved by the order dated 25.9.2006 passed by a learned Single Judge in C.W.J.C. No. 5909 of 2001 allowing the writ application have preferred this appeal under Clause 10 of the Letters Patent.

(2.) SHORT facts giving rise to the present appeal are that the writ petitioner purchased Low Income Group house no. LH -1/27 in the year 1983 under Hire Purchase Agreement, the tentative consideration money being Rs. 43,511.00, on 30.11.1983. According to the terms of Higher Purchase Agreement he had to pay 180 monthly instalments of which last instalment was to be paid sometime in the year 2004. The writ petitioner deposited the instalments of higher amount than what was fixed and accordingly the entire consideration money was deposited in less than 140 instalments by September, 2000. According to the agreement, the price fixed was tentative and was subject to increase and it further provided that in case of dispute, same is to be referred to the arbitrator named in the agreement.

(3.) LATER on, by letter dated 1.3.2001 the writ petitioner was asked to pay an additional amount of Rs. 1,54,657.00 by 31.12.2001 in addition to the amount already paid by him as the price of the house. The petitioner challenged the same by filing a writ application which has given rise to the impugned order. The learned Single Judge allowed the writ application taking into account that several houses of the same type were allotted to different persons at the price fixed at the time of agreement, but their price has not been enhanced. The learned Single Judge recognized the right of the Bihar State Housing Board to increase the price of the house but found absence of any reasons for the said purpose and found the enhancement of the price to be illegal.