P.C. PRIYADARSHI Vs. JHARKHAND STATE

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the direction has been sought for upon the respondents to hand over the final possession of the allotted Housing Board plot bearing No.M-481, located at Dindali, Adityapur, Jamshedpur in favour of the petitioner as per the allotment letter No.396/94 dated 19.08.1994 or in lieu of the said plot, a plot be handed over in the district of Ranchi as also to pay to the petitioner the compensation @ 18% for the loss sustained by the petitioner from the date of agreement till date.

(2.) The brief facts as per the pleading made in the writ petition is that an agreement has been entered into between the petitioner and the competent authority of the Jharkhand State Housing Board for purchase of a plot of land on hire purchase agreement, vide Annexure-10 for allotment of a plot being M-481. It has been decided to be allotted in favour of the petitioner vide decision taken by the Housing Board vide Agenda No.1 in its meeting dated 19.03.1994 at a total cost of Rs.74,320/ and according to the petitioner the said amount has been paid in entirety but the plot has not yet been allotted, therefore, the petitioner is before this Court for allotment of the said plot.

(3.) Counter affidavit has been filed by the Jharkhand State Housing Board, wherein ground has been taken that there is no hindrance in the allotment of the plot and if the petitioner will approach to the Executive Engineer, Jharkhand State Housing Board, Jamshedpur Division, he would take steps to deliver the said plot after completion of the legal formalities as per the procedure established by law.