RAM YATAN SINGH Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) IN this writ application the petitioners mainly pray for quashing that portion of the hire purchase agreement whereby the price of the Low Income Group (LIG) flats have been fixed by the respondent -Bihar State Housing Board and further for issuance of an appropriate writ directing the respondents -Board to reduce the price fixed in the hire purchase agreement.

(2.) THE case of the petitioners is that pursuant to the advertisement issued in the newspaper dated 9.7.1989 inviting applications by the respondent -Board for allotment of 1114 LIG flats at Balidih, Bokaro, the petitioners applied for the said flats and deposited earnest money of Rs. 5000/ -. In 1990 lottery for allotment of the flats was held and the flats in question were allotted to the petitioners. It is contended that inordinate delay was made by the Board in completing the formalities for execution of the agreement and it was only in 1992 the price of the flats in question was fixed at Rs. 87,280/ - and hire purchase agreements were executed by and between the petitioners and the Board separately. Copies of these hire purchase agreements have been annexed as Annexure 5 series.

(3.) MRS . I. Sen Choudhary, who was directed to appear for the Bihar and Jharkhand State Housing Board, has drawn my attention to paragraphs 13, 14 and 15 of the counter affidavit and submitted that the calculation of the price of the flats as on 30.6.1992 and 31.2.1992 were tentatively fixed at Rs. 87,280/ - and Rs. 84,560 and, as such, there is nothing wrong in such calculation and the petitioners entered into hire purchase agreement without any objection.