SHOBHA RANI, D/O SUNDAR MANDAL, RESIDENT OF VILLAGE SAMARUWA (PATWA), P.O MOTIYA, PSGODDA, DISTRICT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the petitioner and respondent-Board.

(2.) Petitioner is aggrieved by the demand contained in letter no. 05/AA 459/2011/2738/AA dated 23rd Dec., 2011 (Annexure-2) issued by the Revenue Officer, Jharkhand State Housing Board where-under further demand of Rs.12,14,846.00 till 29th Feb., 2011 has been raised against the petitioner. Petitioner contends that pursuant to the allotment letter dated 26th Nov. 1983 bearing no. 2333 she was allotted Middle Income Group House No.169 (Annexure-1) on deposit of Rs.9,350.00 as security deposit and Rs.78,500.00 as price of the house, balance of Rs.62,800.00 to be paid on 120 monthly instalments. Since the house was in semi-construction stage, the Board could not enter into the agreement with the allottees and hand over possession of the house. Agreement was entered on 21st Dec. 1988 on Hire Purchase basis. Petitioner was directed to deposit 120 monthly instalments from Jan., 1989 onwards but due to poor financial conditions she could not make the same. Petitioner, however, approached the Board to make payment in a consolidated manner for execution of the final deed of conveyance transferring the ownership on perpetual lease basis. The impugned letter has, however, come as a surprise. The price of the house has been calculated from the date of allotment till the date of agreement capitalizing the value of instalment not paid in time. Therefore, the petitioner has approached this Court.

(3.) Counsel for the petitioner submits that the instant issue has earlier crossed the attention of this Court in W.P.(C) No.1127/2010, judgment of which was upheld in L.P.A. No.346/2011. It is submitted that taking cue therefrom, other writ petitions i.e. W.P.(C) No.2265 of 2007 and W.P.(C) No.6225 of 2015 have been disposed of by relegating the petitioner to pursue his grievance before the competent authority/the Revenue Officer, Jharkhand State Housing Board by way of a representation in the light of the decision of the Jharkhand Housing Board taken in its 40th meeting held on 7th April, 2015 and the letter bearing memo no.313 dated 9th March, 2015. The instant writ petition may also be disposed of in similar light.