NAGENDRA PRASAD SINGH Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for issuance of appropriate direction upon the respondents to consider the case of the petitioner for allotment of LIG House at the rate prevailing in April. 1093.

(2.) THE petitioner is a government servant. The Building Construction and Housing Department, Government of Bihar issued a letter No. 693 dated 21st April, 1993 addressed to respondent No. 2, the Managing Director, Bihar State Housing Board (in short Housing Board) whereby, in terms of the provisions of Clause 10(2)(chh) of the Bihar State Housing Board (Management and Disposal of Housing Estate) Regulation communicated the decision of the Government for allotment of different nature of flats in favour of the employees including the petitioner.

(3.) IN the counter affidavit filed by the respondents it was admitted that in 1993 the Government had decided to allot one LIG flat to the petitioner and for that prescribed forms and other relevant documents were submitted by him. However, it is stated that the department of Cabinet Secretariat, Government of Bihar, vide notification No. 3215 dated 4.9.1998, rescinded the provisions of Section I0(2)(chh) of the Bihar State Housing Board (Management of Disposal of Housing Estates) Regulation. 1983 with immediate effect. A copy of the notification has been annexed as Annexure A to the counter affidavit. It is further stated that the decision of the Government had been communicated to the petitioner through respondent No. 3 vide letter dated 26.2.1999.