SHAIKH MOHAMMAD ALI Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) These two writ applications under Articles 226 and 227 of the Constitution have been heard together as they relate two sides of the same coin. The matter being allied, both of them will be disposed of by this common judgment at the admission stage itself. Counsel for the parties have been heard at length.

(2.) Vigorous submissions were advanced on behalf of the parties. The point, however, calling for consideration is short and simple and admits of no difficulty. In order to bring home the point I shall set the facts appearing in C. W. J. C. No. 4410 of 1988. The expression petitioners shall refer to petitioners in this writ petition.

(3.) Some Ministerial Officers of the Patna Secretariat formed a Housing Co-operative Society under the name and style of Patna Secretariat Ministerial Officers Co-operative House Construction Society Ltd. The eight petitioners also were members of that Society. The Society itself is respondent No. 5 to this application. The Society was allotted 10.31 acres of land in the year 1967 by the Housing Department for allotment to its members. A deed to that effect was excuted by the Housing Department on 22-12-1967. The order of allotment was in respect of 321 Kathas measuring approximately 10.31 acres which was to be allotted to 127 members. The order of the State Government was conveyed by Assistant Secretary to Govt. addressed to Superintending Engineer Rural Housing Cell, Housing Department, by letter dated 23-1-1967. This letter is Annexure A/1 to the counter-affidavit of respondent No. 1 in C.W.J.C. No. 3200 of 1988. In this letter it had been stated that 127 plots had to be carved out. Sixty plots were to be of 2 Kathas each and sixty-seven plots were to be of 3 Kathas each. The State Government also mentioned that till the issuing of Annexure A/1 only 122 names had been approved by the Government for allotment. The other five would be approved as and when appropriate revised affidavits of the members were received in the department, for which the Society had been requested by letter No. 120 dated 7-1-1987. In short, the grant of land by the Housing Department of the State Government was in regard to specified area meant to bs allotted to specified individuls. All the petitioners were mentioned in the list annexed to the letter of the Assistant Secretary, Housing Department (A/1). Four of the petitioners were to be allotted 3 Kathas land and four of them 2 Kathas.