NIRUPAMA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) No one appears for the petitioner. However, Dr. Ashok Kumar Singh, learned counsel for the respondents State Housing Board is present.

(2.) The petitioner in this writ application has prayed for quashing of the order dated 13.08.2000 passed in Appeal No. 30 of 1987 by the Deputy Commissioner cum Appellate Authority, Building Construction and Housing Department, Government of Bihar whereby and whereunder the respondent no. 5 had allowed the appeal preferred by the respondent no. 6 and directed the petitioner to vacate Flat No. J-4/7 immediately and handover the said flat to the Housing Board, failing which a sum of Rs. 30/- per sq. meter per day will be recovered in accordance with law. A further prayer has been made by the writ petitioner for a direction upon the respondents to allot Janta Flat No. J4/7 which she claims to be in her possession pursuant to the letter of possession issued by the Joint Secretary, Government of Bihar, Building Construction and Housing Department, Government of Bihar vide letter dated 06.07.1990 as contained in Memo No. 966.

(3.) From the averment made in the writ petition, it has been claimed by the petitioner that she had preferred an application before the Executive Engineer, Bihar State Housing Board, Jamshedpur on 06.08.1983 for allotment of Janta flat on Hire Purchase Basis or rental basis at Adityapur and an alternative request was made that she be allotted the said flat on a rental basis. On such request, it has been stated that a direction was given to the Executive Engineer that if the said Janta Flat is available, it may be allotted to the petitioner on rent. The petitioner claims that she is regularly paying rent from August 1983 till date. An eviction case was filed by the respondent no. 6 before the court of Sub-Divisional Officer, Seraikella being Eviction Case No. 42 of 1984 against one B. Ganguly and B. K. Singh. The petitioner on coming to know about the said eviction case appeared before the court of S.D.O., Seraikella and filed her claim stating therein that Sri B. Ganguly is a fictitious person and so far as Sri B. K. Singh is concerned, he has nothing to do with the said flat. Through her representation, the petitioner had claimed that Flat No. J-4/7 is allotted to her and she is regularly paying rent. It has further been averred by the petitioner that an application has been preferred by her before the Manager Estate, Bihar State Housing Board, Patna for allotment of the said flat in her favour in the year 1985 in which a report was called for from the Executive Engineer so that the representation of the petitioner can be finally dealt with. In the meantime, in the eviction case no. 42 of 1984 an order was passed on 29.12.1986 which was challenged by the Housing Board in appeal being Appeal No. 30 of 1987 in which an order was passed on 13.08.2000 directing the petitioner to vacate the flat in question and also imposing penal rent of Rs. 30/- sq. meter per day till she vacates the flat. It has thus been claimed by the petitioner that since she was in possession of the flat in question, pursuant to valid and legal sanctity and was regularly paying rent which was properly appreciated by the S.D.O., Seraikella, the impugned order dated 13.08.2000 deserves to be quashed and set aside.