Disposed

Sheela Devi v. Jharkhand State Housing Board through Its Managing Director

Jharkhand HC11 Sept 2024WPC/3512/2022

Case brief

AI extract

What is this about?

In a writ petition challenging an eviction order, the court disposed of the matter by granting liberty to the petitioner to seek settlement of the house under the Board's policy for long-term possession.

What did the court decide?

Petitioner granted liberty to invoke the Housing Board's policy for settlement; Board directed to consider application and pass reasoned order.

Sheela Devi Vs Jharkhand State Housing Board through… — Property and Title | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3512 of 2022

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Sheela Devi, wife of Santosh Singh, aged about- 59 years, resident of M.I.G.05, Housing Board, Sarle, Dipugarha, Near Divya Kalyan Ashram, P.O.Hazaribag, P.S.- Sadar, District- Hazaribag.

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… … …Petitioner(s)

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-Versus-

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Jharkhand State Housing Board, Ranchi through its Managing Director, having its office at Harmu, P.O.- Harmu, P.S.- Argora, District- Ranchi. 2. The Managing Director, Jharkhand State Housing Board, Ranchi, having its office at Harmu, P.O.- Harmu, P.S.- Argora, District- Ranchi.

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The Competent Officer, Jharkhand State Housing Board, Ranchi, having its office at Harmu, P.O.- Harmu, P.S.- Argora, District- Ranchi.

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The Executive Engineer, Jharkhand State Housing Board, Hazaribag Division, Hazaribag, P.O.- Hazaribag, P.S.- Sadar, District- Hazaribag.

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… … …Respondent(s)

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner(s) : Mr. Prabhat Kumar Sinha, Adv. For the Respondent(s) : Mr. Sachin Kumar, Adv.

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06/11.09.2024: The present writ petition has been filed for the following reliefs:-

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“ i. For quashing of order dated 31.05.2022 passed in Eviction case no. 19/2022 (Annexure-10) by the Court of Competent Authority, Jharkhand State Housing Board, Ranchi, whereby and whereunder, petitioner is held illegal occupant of M.I.G. House no. M/05 and 96.99 Sq.mtr. adjacent land and the petitioner is directed to hand over the possession of the aforesaid house and land measuring 96.99 sq.mtr. after vacating the same to Respondent no.-04 i.e. the Executive Engineer, Jharkhand State Housing Board, Hazaribag Division with penalty of Rupees 53,471/- within fifteen days otherwise the authority will take possession over the same by deploying Magistrate and Police Force and petitioner will be liable for payment of the expenses incurred.

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ii. For issuance of a writ of or in the nature of Mandamus commanding upon the respondent concerned to settle the house being M.I.G. No. M-05 with the petitioner, as the petitioner was earlier allotted the same on 08.07.2009 on monthly rental basis by the then Executive Engineer on monthly rent of rupees 1200/- and since then the petitioner is in possession over the same and has made several request for settlement of the said house in favour of petitioner.

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AND

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Pendency final disposal of instant writ application operation/ implementation of order dated 31.05.2022 passed in Eviction Case no. 19/2022 be stayed and/or respondents be directed not to disturb the possession of the petitioner.”

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It has been submitted by the counsel for the petitioner that the

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allotment has been cancelled and that has been challenged by filing W.P.(C) No.2989 of 2014, which has been dismissed by the Co-ordinate Bench of this Court vide order dated 19.09.2018.

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-1- W.P.(C) No.3512 of 2022

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It appears that thereafter, Eviction Case No.19 of 2022 has been initiated by the Jharkhand State Housing Board in which the order dated 31.05.2022 has been passed against the present petitioner, which is impugned in the present writ petition.

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It has been submitted by the counsel for the petitioner that there is policy decision of the Jharkhand State Housing Board that if a person is in possession of the quarter of the Jharkhand State Housing Board for more than ten years, then claim of the person would be considered as per the policy. The petitioner wants to avail that remedy, which has been published in the daily Newspaper.

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In view of the above factual matrix, this writ petition is hereby, disposed of, giving liberty to the petitioner to invoke the above policy before the appropriate authority. If any such application is filed, the respondents Authority i.e. Jharkhand State Hosing Board is directed to consider the same as per its own policy and pass a reasoned order.

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(Rajesh Kumar, J.)

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Ravi/Uploaded

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W.P.(C) No.3512 of 2022

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Sheela Devi v. Jharkhand State Housing Board through Its Managing Director

Case brief

What is this about?

What did the court decide?

Sheela Devi v. Jharkhand State Housing Board through Its Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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