DEEPNARAYAN PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ashok Kumar Yadav, learned counsel appearing for the petitioners and Dr. Ashok Kumar Singh, learned counsel appearing for the respondent-Jharkhand State Housing Board.

(2.) The petitioners have preferred this writ petition for direction to the respondent-authority to give possession to the petitioners over the land situated at Adityapur, under District- Saraikella-Kharsawan, allotted through lottery held on 16.09.2011.

(3.) Mr. Ashok Kumar Yadav, learned counsel appearing for the petitioners submits that in the month of July 2011, the respondent-Jharkhand State Housing Board published an advertisement in local newspaper inviting applications for allotment of plots (M.I.G., L.I.G., L.B. etc.) at Adityapur under District- Saraikella-Kharsawan. He further submits that in pursuant to the above advertisement, the petitioners submitted their applications with requisite initial money, deposited by the petitioners in favour of the respondents and thereafter the respondents held a lottery in the month of September 2011 and all these petitioners were allotted different pieces of land having an area of 1837.5 Sq. Ft. each at a cost of Rs.11,52,956/-. The allotment orders are annexed at Annexure-1 series to this writ petition. He further submits that the petitioners and respondents thereafter executed a higher purchase agreement for plot in presence of witnesses and as per the terms and conditions of the agreement, the allottee after getting possession over the land shall start their construction within two years and fully complete it within next three years. The said agreement is annexed at Annexure-2 series to this writ petition. He further submits that in compliance of the terms of allotment, the petitioners started payments of their monthly installment to the respondents since the year 2011 as fixed by the respondent-Jharkhand State Housing Board. He further submits that many of the petitioners have already paid the entire amount to the respondent-Jharkhand State Housing Board for the allotted land, but still the Board has not given physical possession over the land allotted to them. He also submits that the petitioners are senior citizen and they have paid the installments, out of their hard earned money and in spite of the payment, the fruit of the agreement has not been received by the petitioners.