BINAY RANJAN Vs. THE STATE OF JHARKHAND THROUGH ITS SECRETARY, HOUSING DEPARTMENT, GOVERNMENT OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the petitioner and the Respondent Board.

(2.) By the impugned communication at Annexure-10 dated 21.03.2015, the Housing Department, Government of Jharkhand had directed the Managing Director, Housing Board to undertake allotment of plots through a fresh draw of lots consequent to the decision of cancellation of allotment which was earlier done on 20.08.2011 by way of lottery. Petitioner has thereafter been asked by letter no. 845 dated 29.05.2015 issued by the Respondent No. 6 - Estate Officer to express his consent to participate in the fresh allotment of plots in question consequent to cancellation of plots allotted through lottery earlier. Petitioner has also assailed the communication at Annexure-6 dated 107.2013 issued by the Principal Secretary, Housing Department, Government of Jharkhand, where under the Respondent No. 5 was directed to take action in respect of cancellation of allotment undertaken through lottery in the light of the opinion of the learned Advocate General.

(3.) The same issue had earlier engaged the attention of a Bench of this Court in WPC No. 1346/2015 (Vijay Shankar Jha & others Vs. State of Jharkhand through its Secretary, Housing Department & others) and analogous cases. By judgment dated 10.12.2015, decision of the Respondent Department dated 21.02015 and that of the Respondent Board taken on 07.04.2015 in its 40th meeting, were quashed being in violation of the principles of natural justice.