Petitioner challenged a demand notice for further housing payment. Court granted liberty to file fresh representation for factual determination and stayed coercive action pending decision.
Liberty to prefer fresh representation by 4th February 2021; coercive steps stayed pending disposal of representation.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3419 of 2018
Bibha Singh ….. Petitioner
Versus
….. Respondents
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----For the Petitioner: Mr. Siddhartha Ranjan For the Board: Dr. Ashok Kr. Singh -----
04/05.01.2021 The case is taken up through Video Conferencing.
The present writ petition has been filed for quashing the letter No. 810/AA dated 30.10.2017 (Annexure-7 to the writ petition) issued by the respondent No.2 by reasons of which further demand of Rs.5,65,492/- till 31.10.2017 / Rs.5,73,750/- till 30.11.2017 has been raised showing adjustment of the amount already deposited by the petitioner as the cost of the house in question which according to the petitioner is wholly arbitrary, unreasonable and illegal as she has already deposited Rs.12,25,657/- against the cost of the house in question i.e. Rs.12,06,628/- as per the Hire Purchase Agreement entered between the parties.
Learned counsel for the petitioner submits that pursuant to the allotment of the house under the low income group category being LIG Row House No. LR/225, Adityapur, Jamshedpur, the petitioner deposited an amount of Rs.12,25,657/- towards Rs.12,06,628/- as on 30.11.2011 assessed by the Jharkhand State Housing Board. Hence, the petitioner has challenged the impugned letter dated 30.10.2017 issued by the respondent No.2 raising further demand of Rs.5,65,492/- till 31.10.2017 / Rs.5,73,750/- till 30.11.2017. It is further submitted that once the petitioner had deposited the amount more than the amount assessed by the Jharkhand State Housing Board as the cost of the said house, there was no occasion for the respondent No.2 to issue the impugned letter dated 30.10.2017. It is further submitted that the Jharkhand State Housing Board has already taken a policy decision not to charge
compound interest over the due amount (if at all) in its 40th meeting held on 07.04.2015.
Dr. Ashok Kumar Singh, learned counsel appearing on behalf of the Jharkhand State Housing Board, submits that as per his instruction, a new demand with regard to the cost of the house in question has already been raised against the petitioner on 10.01.2020, the payment of which has not yet been made by the petitioner.
Be that as it may.
Since the present matter requires factual determination with regard to the appropriate amount to be paid by the petitioner for the house in question, without entering into the merit of the dispute, the petitioner is given liberty to prefer a fresh representation on the present issue before the respondent No.1 by 4th February, 2021. On receipt of such representation, the respondent No.1, after providing due opportunity of hearing to the petitioner/her representative, shall take an appropriate informed decision within a period of three months from the date of filing of the said representation. Till the said representation is disposed of by the respondent No.1, no coercive step shall be taken against the petitioner in pursuance of the impugned letter dated 30.10.2017/any subsequent letters issued in this regard.
(RAJESH SHANKAR, J)
Satish/-
2 issues framed by the court
Whether to quash the demand notice issued by the Revenue Officer for further payment towards housing costs.
Whether the petitioner is entitled to liberty to seek fresh representation regarding the appropriate payment amount.
1 provisions across 1 enactments
Bibha Singh
Jharkhand State Housing Board
The Revenue Officer, Jharkhand State Housing Board, Ranchi
The Executive Engineer, Jharkhand State Housing Board, Adityapur, Jamshedpur
Rajesh Shankar
As recorded by the court registry
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