KAMLA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. The respondent -Housing Boards have not filed any counter -affidavit. The petitioner has filed this writ petition for issuance of mandamus upon the respondent to transfer/ register the Flat allotted to the petitioner in her name and thus, to perform the final disposal of the said Flat, considering the fact that petitioner has already deposited the entire purchase price as agreed between the petitioner and the respondents on installment basis long back in the year 1997 and consequently to quash Annexure -10 issued by the respondents, whereby and whereunder a sum of Rs. 1,99.554/ - has been demanded as dues of the Board to be paid by the petitioner.

(2.) THE undisputed facts of the case are that the petitioner was allotted a Flat No. H/212 MIG after the death of her husband and there was a Hire -Purchase Agreement for the same entered into between the petitioner and the respondent Board on 11th July, 1986. Under this agreement, the tentative cost of the Flat was fixed at Rs. 85,400.00 and this amount, after deduction of the initial amount of Rs. 17,080.00 , was to be paid in monthly installments of Rs. 819.90. It is submitted that the petitioner paid the installment and the installments were complete by March, 1997. It is relevant that by Annexure -5, the possession of the Flat had already been delivered to the petitioner on 11.8.1986. Thereafter, by Annexure -8, the petitioner asked the respondents for issuance of the No Due Certificate and for determining the final cost of the Flat, so that the petitioner might be in a position to pay the rest amount, and also for transfer of the Flat in her name. It appears that thereafter the Executive Engineer of the Board wrote to the Manager, Estate that the tentative amount had been fixed and Rs. 85,400.00 has been paid, besides Rs. 200.00 as fees against the legal charges. The installments deposited by the petitioner were also confirmed and he also requested for fixing the disposal price of the Flat so that the balance amount was directed to be paid by the petitioner. Thereafter, by Annexure -10 issued on 15.6.2002, the impugned order was passed, which is sought to be quashed.

(3.) WHAT will be the final price and on which date it will be calculated has to be considered. There is no specific provision made in the agreement itself with regard to the date on which the final price of the Flat has to be calculated. Clauses 4(a) and (b) of the agreement have got some relevant with regard to the final valuation of the Flat. These reads as follows :