SURYA NANDAN PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ application has been preferred by the petitioner praying for following reliefs:-

(2.) The brief facts of the case as it appears from the pleadings is that the petitioner was a 4th grade employee serving in the Animal Husbandry Department, Government of Jharkhand and based on oral instruction he was residing in House no. EWS-2 situated in Harmu Housing Colony. Thereafter, on 17/3/2017, a resolution was issued by the Government of Jharkhand to regularise the illegal occupants on satisfying certain conditions. The petitioner submitted his application within stipulated time and with all requisite documents. Thereafter, another meeting was held on 13/7/2018 where decision was taken that if five families living nearby the house of applicant write in his/her favour that would be sufficient document. The petitioner submitted the letters of five families on 20/2/2020; subsequently the respondent authorities published an advertisement inviting applications for allotting the house on lottery basis. The petitioner being aggrieved by the aforesaid advertisement filed a writ application before this court which was disposed by asking the petitioner to file representation before the concerned respondent. The petitioner, accordingly, filed the representation which was rejected by the impugned order dtd. 22/2/2023 stating that the petitioner did not file the application within stipulated time and could not prove that he was residing in House EWS-2.

(3.) Learned counsel for the petitioner submits that a survey was conducted by the officials of the Housing Board and the name of the petitioner was also taken for consideration. However, when the petitioner on enquiry tried as to whether his name is there in said list, he found that his name was not mentioned in the list. He immediately in terms of aforesaid Government Resolution no. 1817 represented vide his application dtd. 29/8/2017 before the Managing Director, Jharkhand State Housing Board, Harmu enclosing his Aadhar Card, Voter ID and certificate of the local Ward Parsad stating that the petitioner is residing on the said house for last 11 years. The petitioner after obtaining the written letters from five families submitted an application to the Housing Board on 20/2/2020, in terms of meeting held on 13/7/2018. Learned counsel further states that his name was also recommended by the local MLA and accordingly he again vide his application dtd. 12/9/2017 requested the Managing Director, Jharkhand State Housing Board, Harmu Ranchi to allocate the House no. EWS-2 in his name.