SUNAYNA DEVI Vs. CHAIRMAN, HOUSING BOARD, JHARKHAND STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties. Petitioner has moved this court in the year 2003, being aggrieved by the order of cancellation of his flat vide letter no. 1173/Aa dated 24.3.2001(Annexure-5). According to the petitioner she was allotted L.I.G. Flat on making application in the year 1989 vide allotment order dated 24.1.1992 (Annexure- 1/A). It is the contention of the petitioner that the original price fixed in the allotment order was Rs. 63,210. However, in spite of request made by the petitioner to execute the agreement of the flat in question in her favour the respondent- Board instead proceeded to cancel the allotment itself.

(2.) LEARNED counsel for the respondent- Housing Board, on the other hand submitted by way of the averments made in the first counter affidavit that from the impugned order itself it would appear that order of cancellation was issued after repeated notice and even after publication of notice in newspaper and the possession was not given to the petitioner. However, it appears that by the order dated 9.1.2009 petitioner was allowed to deposit arrears within a period of 2 months, where after, petitioner submits that he has deposited the balance amount of Rs. 58,210 through demand draft and is ready for execution of the agreement for the said flat.