RAVINDRA NATH SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN ail these three writ applications similar question of law and facts are involved and as such they have been heard together and are being disposed of by common order. C.W.J.C.No.9315/98.

(2.) THE petitioner was allotted House no. 244 at Hanuman Nagar Housing Colony, Patna vide letter dated 21.8.1981, Annexure -4. The price of the house was estimated at Rs. 67,100/ -. The same amount was to be paid in 12 years in 144 equal instalments. A registered deed of hire -purchase agreement was executed between the parties on 26.8.1981, Annexure -3. Possession of the said house was delivered by the respondents -Housing Board vide letter dated 25.11.1981, Annexure -

(3.) THE petitioner was allotted M.I.G.House no.10 at Hanuman Nager vide allotment letter dated 19.8.1981, Annexure -2. The price of the house was fixed at Rs.67,090/ -. Initially Rs.16773/ - was paid pursuant to the allotment of the house. Rest amount was to be paid in 144 monthly instalments. The deed of hire -purchase agreement was executed on 21.8.1981. The Managing Director vide letter dated 22.8.1081 issued letter directing the Executive Engineer to hand over possession but the Executive Engineer refused to hand -over possession on the plea that doors, windows, electrical wiring and sanitary fittings were not complete. However, in the meantime allotment of the house was cancelled. The petitioner and others challenged the order of cancellation in C.W.J.C.No.3119/83 which was disposed of on 11.12.1991 and the order of cancellation was quashed. The possession of the house was delivered vide letter dated 5.1.1993. The petitioner started paying instalment with effect from 6.5.1990 i.e. before handing over possession. A demand notice dated 23.11.1995 was served on the petitioner for payment of balance amount Rs.59994.88. The petitioner paid the said amount on 8.12.95. The petitioner paid total amount of Rs.1,07,568/ -. The Executive Engineer requested the Managing Director vide letter dated 22.12.1995, Annexure -7 for further action in respect of final transfer of the house in favour of the petitioner. The respondent -Board again made a demand vide letter dated 11.2.1997 to pay R.2,27,220/ - for final transfer of the house. Subsequently, another demand notice was issued to the petitioner vide letter dated 5.3.1997 asking the petitioner to deposit Rs.2,31,351/ - by 30.4.1997. Again a demand notice vide letter dated 17.2.1999 was issued asking the petitioner to deposit Rs.2,31,351/ -. According to the petitioner the demand/enhancement of the price of the house in question is arbitrary and illegal. In similar situation C.W.J.C.No.5106/91 was filed which was disposed of on 8.7.1992 directing the Housing Board to execute the lease in favour of the petitioner for a period of 90 years. However, it was made clear that if the Housing Board makes recalculation on the price fixed and if anything is found due in terms of the agreement the Housing Board may insist for payment of only that amount. Against the said order Housing Board moved the Supreme Court but the Supreme Court refused to interfere in S.L.P.(Civil) No.13243/92 disposed of on 9.11.1992. The review petition no.159/92 filed by the Housing Board was also dismissed on 27.9.1993 vide Annexures 10, 11 & 12 respectively. The petitioner in this back ground has filed the present writ application for quashing the demand, Annexure -1 and also for issue of direction for execution of the deed of lease.