Dismissed

Awadh Kumar Singh v. Jharkhand State Housing Board

Jharkhand HC24 Jul 2019WPC/5047/2011

Case brief

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What is this about?

The High Court examined a writ petition seeking allotment of a flat booked by the petitioner's deceased mother under the Widow quota. The court held the claim unsustainable as the petitioner is not a special category under the rules, disposed of the application, and directed a refund of the fee.

What did the court decide?

Writ application dismissed; order to refund Rs. 10,000/- deposited by the petitioner's mother.

Awadh Kumar Singh Vs Jharkhand State Housing Board — Service and Employment | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5047 of 2011

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Awadh Kumar Singh, S/o Late Ram Basant Singh, R/o LIG Quarter No. 253, Adityapur-2, P.O. Adityapur, P.S. R.I.T., District Singhbhum East. … … Petitioner

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Versus

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1. Jharkhand State Housing Board through its Chairman at Ranchi.

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2. Executive Engineer, Jharkhand State Housing Board, Jamshedpur. … … Respondents

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioner : Mr. Subham Sahay, Adv. For the Respondent-J.S.H.B.^: Dr. Ashok Kr. Singh, Adv.

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06/24.07.2019 Heard Mr. Subham Sahay, learned counsel for the petitioner and Dr. Ashok Kr. Singh, learned counsel appearing for the respondent-Jharkhand State Housing Board.

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The prayer in this writ application is for a direction upon the respondents to immediately and forthwith allocate the flat booked by the mother of the petitioner under the Widow quota for which application in the necessary format was made as far back in the year 1993 along with a requisite fee of Rs. 10,000/-.

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The factual aspects of the case reveal that the mother of the petitioner had applied for a flat under the Widow quota and had submitted all the necessary documents including requisite fee of Rs. 10,000/-. After the death of the mother of the petitioner he had repeatedly approached the respondentauthorities to allot a flat but since the same has not been done the petitioner has been constrained to prefer the present writ application.

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The prayer made in this writ application has been controverted by the learned counsel for the petitioner by stating that the mother of the petitioner had in fact applied for a land and after her death the petitioner is pressing for allotting a Janta Flat to him which is not permissible under the rules and regulations.

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-2-

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The claim of the petitioner for allotment of a flat cannot be sustained since it percolates on account of his mother having applied under the Widow category and on account of her death the petitioner cannot be treated as a special category to be considered by the Housing Board to be allotted land/flat.

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In such circumstances, therefore, the prayer of the petitioner cannot be acceded to. This writ application accordingly stands disposed of with a direction to the respondents to refund Rs. 10,000/- which has been deposited by the mother of the petitioner when she had applied for a land/flat under the Widow category.

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This writ application stands disposed of.

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(R. Mukhopadhyay, J.)

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Alok/-

Awadh Kumar Singh v. Jharkhand State Housing Board

Case brief

What is this about?

What did the court decide?

Awadh Kumar Singh v. Jharkhand State Housing Board

Case brief

What is this about?

What did the court decide?

What the court decided

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