Writ application seeking mandatory direction to allot an HIG plot dismissed as petitioner had no subsisting right after failing the lottery and the wait list no longer existed; directions issued for refund of deposit.
Directed respondent to refund the registration fee deposited by the petitioner upon submission of proof of deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1976 of 2010
Abinash Chandra Choudhary, S/o Shri Suresh Chandra Choudhary, R/o Village Patzilwa, P.O. Patzilwa, P.S. Dhaka, District East Champaran, presently residing at 49, Rashmi, Ashashree Garden, Opposite R.K. Mission Mandir, Morabadi, P.O. Morabadi, P.S. Bariatu, District Ranchi.
… … Petitioner
1. The Jharkhand State Housing Board, through its Managing Director, P.O. + P.S. Argora, District- Ranchi.
2. The Executive Engineer, Jharkhand State Housing Board, Harmu, P.O. & P.S. Argora, District- Ranchi.
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Suraj Singh, Adv. For the Respondent-JSHB : Dr. Ashok Kr. Singh, Adv.
03/14.08.2019 Heard Mr. Suraj Singh, learned counsel for the petitioner and Dr. Ashok Kr. Singh, learned counsel appearing for the respondent-Jharkhand State Housing Board.
The petitioner in this writ application has prayed for a direction upon the respondents to forthwith allot an HIG Plot in Harmu Housing Colony in favour of the petitioner pursuant to an application made by the petitioner on 23.07.1980 particularly in view of the fact that 11 HIG Plots have been identified by the respondentHousing Board as vacant and available for allotment.
It has been submitted by the learned counsel for the petitioner that pursuant to an advertisement issued in the year 1979 the petitioner had applied for allotment of an HIG Plot in Harmu Housing Colony. Learned counsel for the petitioner submits that in the year 1999 the petitioner's name figured at serial no. 99 in the wait list. It has been submitted that in spite of several representations the petitioner has not been allotted an HIG Plot in Harmu Housing Colony which resulted in preferring the present writ application.
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Dr. Ashok Kr. Singh, learned counsel appearing for the respondent-Jharkhand State Housing Board has submitted that after the division of assets and liabilities in the year 2005 between Jharkhand State Housing Board and Bihar State Housing Board a notice was issued to all those persons who had made applications by depositing the requisite fees to take back the amount in question. He submits that the petitioner is always at liberty to make an application for fresh allotment if any advertisement in that respect is issued by the Jharkhand State Housing Board.
It has been stated in the writ application that in 1979 the erstwhile Bihar State Housing Board had issued an advertisement inviting applications from interested persons for allotment of Houses/Plots in various towns of the erstwhile State of Bihar. The petitioner responded to the said advertisement by depositing the registration fee and he had also submitted his application form for allotment of an HIG Plot in Harmu Housing Colony, Ranchi. Since the Housing Board had failed to allot an HIG Plot in favour of the petitioner he had represented the authorities on several occasions and lastly when the petitioner could come to know that in the wait list his name figured at serial no. 99. In fact the petitioner had made a complaint before the Consumer Disputes Redressal Forum, Ranchi which however was dismissed on 28.12.2001 on account of pendency of CWJC No. 2841/1996(R).
In the counter affidavit filed by the Jharkhand State Housing Board the fact regarding the application made by the petitioner and deposit of the requisite fee has not been denied. However, it has been stated that a lottery was held and the petitioner who was in the general category was unsuccessful in the lottery. However, the name of the unsuccessful persons still continued to figure in the wait list. It has also been stated in the counter
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affidavit that there was a division of assets and liabilities between the Bihar State Housing Board and the Jharkhand State Housing Board on a decision taken by the Central Government which became effective from August, 2005 and after such division a notice was issued in the Daily newspaper “Aaj” in which all the applicants who have not been allotted any assets by the erstwhile Bihar State Housing Board and whose applications are pending were directed to take back the money after furnishing proof of the deposit.
Dr. Ashok Kr. Singh, learned counsel for the respondent-Jharkhand State Housing Board at this juncture has submitted that it is not the state of affairs as of present with respect to keeping the name of the unsuccessful candidate in the lottery including that of the petitioner in the wait list.
It would thus appear that the petitioner could not project any subsisting right which would lead to a direction upon the respondent-Housing Board to allot an HIG Plot in favour of the petitioner. The application which was made by the petitioner is about four decades back and in the lottery held for allotment of the Plots/Houses the petitioner remained unsuccessful and the entire basis for claim of the petitioner appears to be on account of the fact that his name continued to figure in the wait list which was for the unsuccessful candidates and as stated by the learned counsel appearing for the State Housing Board the said list is now not in existence.
From the aforesaid, therefore, it can be concluded that the petitioner has failed to make out a case for interference by this Court. Accordingly, this writ application stands disposed of.
However, it is open to the petitioner to apply against any future advertisement issued by the Jharkhand
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State Housing Board with respect to allotment of Houses/Plots.
So far as the amount which had been deposited by the petitioner in the year 1980 is concerned the petitioner may approach the authorities of the Jharkhand State Housing Board for refund of the said amount and if the petitioner submits necessary proof with respect to the deposit of the said amount the respondent-authorities shall immediately and forthwith release the amount in favour of the petitioner.
This writ application stands disposed of.
(R. Mukhopadhyay, J.)
Alok/-
1 issue framed by the court
whether petitioner has an established right to allotment of an HIG plot based on a decades-old unsuccessful application and wait list position
Abinash Chandra Choudhary
The Jharkhand State Housing Board
The Executive Engineer, Jharkhand State Housing Board
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
