LAWS(JHAR)-2006-3-26

RATAN KUMAR MISHRA Vs. BIHAR STATE HOUSING BOARD

Decided On March 23, 2006
RATAN KUMAR MISHRA Appellant
V/S
BIHAR STATE HOUSING BOARD, PATNA Respondents

JUDGEMENT

(1.) These analogous writ petitions were heard together and are being disposed of by this common judgment.

(2.) Petitioners claim that they being of Ofice bears of 'Janta Row House Sangharsh Samittee, Adityapur, Jamshedpur', have filed these writ petitions in representative capacity. Accordingly, reference to the 'petitioners' hereinafter will mean all such persons, whose case is similar to the petitioners. 2

(3.) Petitioners' contention is that at the time of issuing allotment letters in 1995, the respondent-Housing Board could not ask them to pay higher price of house, then the price which was prevailing at the time of deposit of earnest money by them in 1989. The houses were ready but allotment letters were issued to the petitioners after about six years i.e: in 1995. The Housing Board admitted in the counter affidavit that it could not organize lottery till 1995 as several antisocial elements who were in unauthorized occupation since 1983, were creating hindrance. Housing Board entered into agreements with other allottees in 1989 at lower prices. Thus it is contended that the petitioners cannot be penalized for the delay caused by the Housing Board.