Disposed

Shwaymbhu and Anr. v. the State of Jharkhand through Its Chief Secretary and Ors.

Jharkhand HC20 Jan 2020WPC/2120/2015

Case brief

AI extract

What is this about?

The petitioner approached the Court challenging cancellation of housing allotment. Locus standi was established and the case from W.P. (C) No. 1346 of 2015 was followed for disposal without merits. The court directed the Respondent-Housing Board to issue a show-cause notice to the Petitioner within 14 days to allow reply and subsequent fresh decision.

What did the court decide?

Writ petition disposed of based on previous order; Show-cause notice directed to be issued by Housing Board within 14 days for reply.

Shwaymbhu and Anr. Vs the State of… — Pension and Retirement Benefits | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 2120 of 2015

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Shwaymbhu, S/o Late Anant Swarup Sharma, at present residing at Flat No. 301, Sri M.G. Sai Apartment, Ranibagan, P.O. & P.S. Bariyatu, Town & District- Ranchi

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Mukund Kumar Singh, S/o Bleshwar Prasad Singh, resident of Airport Road, Kunwar Singh Colony, Hinoo, P.O. & P.S. Doranda, District- Ranchi, State- Jharkhand … Petitioners

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-Versus-

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The State of Jharkhand through its Chief Secretary, Project Building, P.O. & P.S. Dhurwa, District Ranchi.

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The Secretary, Housing Department, Govt. of Jharkhand, FFP Building, H.E.C., Dhurwa, Ranchi

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The Deputy Secretary, Housing Department, Govt. of Jharkhand, FFP Building, H.E.C. Dhurwa, Ranchi

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The Jharkhand State Housing Board, through its Managing Director, having its office at Harmu Housing Colony, P.O. Harmu, P.S. Argora, District Ranchi.

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The Managing Director, Jharkhand State Housing Board, having its office at Harmu Housing Colony, P.O. Harmu, P.S. Argora, District Ranchi

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Sanjiv Sharan, S/o Late Mahendra Nath Sharan, erstwhile Deputy Secretary, Housing Department, Govt. of Jharkhand, FFP Building, HEC, Dhurwa, Ranchi and resident of 3-C, Shiwalok Apartment, P.O. & P.S. Doranda, District- Ranchi … Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Pawan Kumar, Advocate For the Respondent-State : Mrs. Chandra Prabha, S.C.-I Mr. Vishal Kumar Rai, A.C. to S.C.-I

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05/20.01.2020. Learned counsel appearing for the respondent-State submits that the

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instant writ petition has become infructuous in view of the order passed by this Court in W.P.(C) No.1346 of 2015 and other analogous cases, in the case of

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Vijay Shankar Jha & Ors. Vs. The State of Jharkhand & Ors.

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Paragraph 9 of the said judgment reads as under :-

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“Considering the aforesaid facts, without going into the merits of the rival contentions, I am of the opinion that the impugned order contained in letter dated 21.03.2015 requires interference on the ground of breach of the principles of natural justice and accordingly, it is quashed. The original record of the 40^th Meeting of the House Board held on 07.04.2015 has been produced and I have perused the same. I find that the agenda in respect to the cancellation of allotments made pursuant to advertisement dated 29.06.2011 merely reproduces the contents of letter dated 21.03.2015. Consequently, the decision of the respondentHousing Board in its 40^th meeting held on 07.04.2015 cancelling the allotments in favour of the petitioners and others, is also quashed”.

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-2-

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In view of the above submissions of the learned counsel for the respondent-State, the present writ petition is disposed of in terms of the order passed by this Court in W.P.(C) No. 1346 of 2015 and other analogous cases. However, if any, show-cause etc. has been issued to the petitioners, they will reply to the respondent-Jharkhand State Housing Board, which will be considered in accordance with law.

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If the petitioners have not been served upon with any show-cause after quashing of the aforesaid order, the respondent-Jharkhand State Housing Board shall serve a show-cause to the petitioners within a fortnight. The petitioners upon its receipt will file reply to the show cause within a period of three weeks.

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The respondent-Jharkhand State Housing Board will take decision in the matter within a period of six weeks after receipt of the reply to the showcause.

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Accordingly, the writ petition stands disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

Shwaymbhu and Anr. v. the State of Jharkhand through Its Chief Secretary and Ors.

Case brief

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Shwaymbhu and Anr. v. the State of Jharkhand through Its Chief Secretary and Ors.

Case brief

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