Dismissed¶19

Smt.Shiv Ranjani Prasad v. Jharkhand State Housing Board

Jharkhand HC8 Jan 2024WPC/1290/2003

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; W.P.(C) No. 1290 of 2003 decided 08.01.2024 by Gautam Kumar Choudhary, J.; challenge to cancellation of housing board allotment (HIG Flat No. HIG/52, Argora, Ranchi); claim of no intimation of cancellation rejected for want of evidence; plot re-allotted to Smt. Anjali Prasad in 2002; petition dismissed as infructuous; keywords: allotment cancellation, Jharkhand State Housing Board, Bihar State Housing Board, infructuous writ, non-intimation plea.

What did the court decide?

The petitioner's plea of ignorance of the cancellation of allotment, its subsequent intimation and allotment to a third party is not supported by evidence and cannot be accepted. ¶18

Smt.Shiv Ranjani Prasad Vs Jharkhand State Housing Board — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1290 of 2003

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Smt. Shiv Ranjani Prasad

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… …. Petitioner

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Versus

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Jharkhand State Housing Board, Ranchi through its Chairman-cum-Managing Director

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The Executive Engineer, Jharkhand State Housing Board, Ranchi

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Bihar State Housing Board, Patna through its Chairman-cum-Managing Director … …. Respondents

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----For the Petitioner : Ms. Shatakshi, Advocate For the Housing Board : AC to Mr. Sachin Kumar, Advocate ----- Oral Order 12 / Dated : 08.01.2024

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The petitioner is aggrieved by cancellation of allotment of residential plot vide Letter No. 3955 dated 05.12.2000.

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As per the case of the petitioner, the petitioner was allotted HIG Flat after depositing Rs.15,000/- on 16.08.1991 being Flat No. HIG/52 at Argora, Ranchi, though no allotment letter was issued to the petitioner.

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The main ground for challenge is that order of cancellation of allotment was not received by her, and it was intimated orally that the same would be sent by post. At that time she was resided at Ashok Nagar, Ranchi and thereafter she shifted at Kori Babu Lane in the year 1994 which was duly informed to the respondents about the change of address.

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The main contention is that the allotment has been cancelled without intimation to the petitioner as she had not received Letter No. 3956 dated 05.12.2000. She first came to know about cancellation when the copy of the said letter was annexed with the counter affidavit.

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As per the case of the respondents-Housing Board, admittedly the flat bearing No. HIG/52 was allotted to the petitioner by the Estate Manager, Bihar State Housing Board, Patna on lottery held on 29.09.1997. Interim cost of allotment of aforesaid flat as assessed till 31.10.1997 was Rs.5,76,830/- and the petitioner was required to deposit 40% of the interim cost and Rs.200/- as legal and document charges for allotment. After the said deposit, the agreement was to be entered within sixty days from the date of allotment.

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Necessary information was sent vide Letter No. 1456 dated 06.05.1999 for entering into agreement after depositing requisite consideration money, but no

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step was taken on behalf of the petitioner. Consequently, the allotment was cancelled by the impugned order.

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From the supplementary counter affidavit filed on 16.04.2010 by the respondents-Housing Board, the said plot appears to have been allotted to one Smt. Anjali Prasad vide Memo No. 786 dated 21.11.2002. The petitioner appears to have been closed the stable door after the horse was bolted out. Plea of ignorance of cancellation of allotment, its subsequent intimation and allotment to third party is not supported by evidence and cannot be accepted.

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Instant writ petition has been rendered infructuous in view of the allotment and is accordingly dismissed as infructuous.

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(Gautam Kumar Choudhary, J.)

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AKT/Satendra

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Smt.Shiv Ranjani Prasad v. Jharkhand State Housing Board

Case brief

What is this about?

What did the court decide?

Smt.Shiv Ranjani Prasad v. Jharkhand State Housing Board

Case brief

What is this about?

What did the court decide?

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