KAMTA PRASAD MISHRA Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) IN all these writ applications a common question of law with similar facts and circumstances is involved and, therefore, all these writ applications are disposed of by this common order.

(2.) IN CWJC No. 1102/99 (R) the petitioner has prayed for quashing the order dated 17.11.97 (Annexure 5), by which the respondent - Bihar State Housing Board demanded a further amount of Rs.1,84,536/ - from the petitioner against the final settlement of the account. In CWJC No. 1103/99 (R) the petitioner prayed for quashing the order dated 23.9.97 (Annexure 6) by which a further sum of Rs.2,00,607/ - has been demanded from the petitioner. Similarly in CWJC No.1285/99(R) and 1270/99(R) the Housing Board by the impugned orders dated 7.8.98 (Annexure 6) and 4.3.99 (Annexure 5) demanded a sum of Rs.2,68,456/ - and Rs.2,33,041/ - respectively from the petitioners for final settlement of accounts.

(3.) IN CWJC No. 1102/99(R) the petitioner's case is that on application made by the petitioner a middle income group constructed house was allotted to him by the Housing Board being MHI House No. 164 and a letter to that effect was issued on 26.11.83. In the said letter a tentative price of the house was fixed at Rs.78,500/ -. According to the petitioner, he deposited Rs.6500/ - in terms of the letter of allotment and the rest amount was to be paid in 120 instalments of Rs.865/ - per month. Subsequently an agreement was executed on 3.12.87 and possession of the house was given to the petitioner on 12.1.94. The petitioner's further case is that he paid the entire instalments in terms of the letter of allotment and agreement and the rest amount was paid well within time i.e. 3.6.96. It is stated that the Executive Engineer of the Board, vide letter dated 25.10.97, intimated to the respondent no.4 for final settlement of the account in question disclosing that the petitioner had paid the entire amount in terms of the allotment letter. However, the respondent, by impugned order/letter dated 17.11.97 intimated the petitioner that he has to pay further amount of Rs.1,84,536/ -. Similar is the case of petitioner in CWJC No. 1103/99 (R). In that case the petitioner was allotted House No. MHI 119 by allotment letter dated 24.9.83 and tentative price was fixed at Rs.78,500. The petitioner deposited the initial amount of Rs.6,500/ - and rest of the amount in equal instalments. In this case the agreement was signed on