RAKESH KUMAR SINHA Vs. JHARKHAND STATE HOUSING BOARD

JUDGEMENT

(1.) Learned counsel for the petitioner after serving the copy of the supplementary affidavit to the counsel for the respondent has prayed that the same may be taken on record. The supplementary affidavit taken on record.

(2.) This writ petition is filed under Article 226 of the Constitution of India whereby and whereunder the writ in the nature of certiorari has been sought to be issued for quashing of letter No.1617 dated 03.09.2016 as also letter No.616/A dated 12.07.2016 as contained under Annexure- 9/1 to the writ petition by which the claim of the petitioner for allotment of the house in question has been rejected.

(3.) It is the case of the petitioner that the house No.101/2-2 which has been constructed for the industrial employees and considering the inconvenience of the father of the petitioner namely Late Janardan Prasad Sinha, who was working as Senior Accounts Clerk, Housing Board, Jamshedpur was allotted on account of the fact that no house was available to be allotted and one Flat No.5/1 since was allotted in the name of one Ram Shekhar Prasad, Electrician but he was transferred to Patna Division and in consequence thereof, after lapse of the period of six months, his allotment has been cancelled and allotted to the father of the petitioner with some conditions one of which is that when the petitioner would be transferred from the Jamshedpur Division, the possession of house in question would be handed over in favour of the Housing Board. The father of the petitioner thereafter has retired from service and after death of his father Late Janardan Prasad Sinha, the said house is in occupation of dependents i.e. the wife and son but sometime in the year 2016 the wife has also died, thereafter, the house in question is in occupation of his son/petitioner who has made an application for allotment of the said house but the same has been rejected by the competent authority of the Housing Board vide the decision taken in this regard on 03.03.2016 and 12.07.2016 as contained under Annexure-9 and 9/1 respectively whereby and whereunder the request for allotment of the said house has been rejected.