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Srikant Singh Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

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Srikant Singh Vs the State of JharkhandSrikant Singh v. the State of Jharkhand

Disposed¶32

Srikant Singh v. the State of Jharkhand

Jharkhand HC7 Apr 2025WPC/1562/2025

Case brief

AI extract

What is this about?

Srikant Singh v. State of Jharkhand & Jharkhand State Housing Board, W.P. (C) No.1562 of 2025, High Court of Jharkhand (Rajesh Shankar, J.), Order No.03 dated 07.04.2025: impugned demand of Rs.34,63,107/- with compound interest vide JSHB Revenue Officer letter no.05/AA.-229/12/799/AA dated 01.10.2024 for balance price of Plot No.M-1, Adityapur (allotment memo no.2172 dated 13.10.2011; possession delivered 17.01.2024 following orders dated 07.01.2020 in W.P. (C) No.3970 of 2014 and 15.12.2023 in Cont. Case (Civil) No.813 of 2021; Rs.5,20,000/- of Rs.8,64,717/- already paid, balance deposited 09.02.2024); petition disposed of in terms of judgment dated 23.08.2024 in W.P.(C) No.4790/2023 (Vijay Shankar Jha), particularly paragraphs 20-22.

What did the court decide?

The writ petition is disposed of in terms of the order/judgment dated 23.08.2024 passed in W.P.(C) No.4790/2023 (Vijay Shankar Jha v. the State of Jharkhand & Ors.), particularly paragraph nos.20, 21 & 22 of that judgment, as conceded by both petitioner's counsel and respondent-JSHB.

Why is it important?

The present writ petition is covered by the judgment dated 23.08.2024 in Vijay Shankar Jha (W.P.(C) No.4790/2023) and is disposed of in terms with that order/judgment, particularly paragraph nos.20, 21 & 22 of the same. ¶32

What the court decided

AI extract

Outcome

The writ petition is disposed of in terms of the order/judgment dated 23.08.2024 passed in W.P.(C) No.4790/2023 (Vijay Shankar Jha v. the State of Jharkhand & Ors.), particularly paragraph nos.20, 21 & 22 of that judgment, as conceded by both petitioner's counsel and respondent-JSHB.

Issue for consideration

Whether the demand of Rs.34,63,107/- (inclusive of compound interest) vide the impugned letter no.05/AA.-229/12/799/AA dated 01.10.2024 towards the balance price of Plot No.M-1 is arbitrary and illegal, given that the petitioner had already deposited Rs.5,20,000/- of the Rs.8,64,717/- consideration and deposited the balance only on 09.02.2024, after possession was handed over on 17.01.2024. +1 more

Ratio / Principle

The present writ petition is covered by the judgment dated 23.08.2024 in Vijay Shankar Jha (W.P.(C) No.4790/2023) and is disposed of in terms with that order/judgment, particularly paragraph nos.20, 21 & 22 of the same.

Detailed headnote1 paragraphs

Jharkhand HC (Rajesh Shankar, J.), Order No.03 dated 07.04.2025, W.P. (C) No.1562 of 2025 — Srikant Singh v. State of Jharkhand, Jharkhand State Housing Board and others. Petition sought quashing of the JSHB Revenue Officer's letter no.05/AA.-229/12/799/AA dated 01.10.2024 demanding Rs.34,63,107/- towards the balance price of Plot No.M-1, Adityapur (allotted 13.10.2011 vide memo no.2172; possession delivered 17.01.2024) together with compound interest; the petitioner had paid Rs.5,20,000/- of the Rs.8,64,717/- consideration and deposited the balance on 09.02.2024 after possession. Counsel on both sides submitted the case was squarely covered by the judgment dated 23.08.2024 in W.P.(C) No.4790/2023 (Vijay Shankar Jha v. the State of Jharkhand & Ors.), and the court disposed of the petition in terms with that judgment, particularly paragraphs 20, 21 and 22 thereof.

A

2025:JHHC:10633

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.1562 of 2025

Srikant Singh, S/o Late Indradev Singh, H. No.65000A5, Nirmal Nagar, near Durga Mandir, Majhitola, Adityapur, P.O. & P.S.-Adityapur, District-Seraikella-Kharsawan.

.......... Petitioner.

-Versus-

The State of Jharkhand

Jharkhand State Housing Board, through its Managing Director, Harmu, Ranchi.

The Secretary, Jharkhand State Housing Board, Harmu, Ranchi.

Executive Engineer, Jharkhand State Housing Board, Adityapur, Seraikella-Kharsawan.

Revenue Officer, Jharkhand State Housing Board, Harmu, Ranchi.

.......... Respondents.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : For the Res.-JSHB :

Mr. Anish Kumar Mishra, Advocate Mr. Sachin Kumar, Advocate Mrs. Sweta Shukla, Advocate

Order No.03

Date: 07.04.2025

The present writ petition has been filed for quashing the letter no.05/AA.-229/12/799/AA, dated 1^st October, 2024 (Annexure-7 to the writ petition) issued under the signature of the respondent no.5-Revenue Officer, Jharkhand State Housing Board, Harmu, Ranchi, whereby the petitioner has arbitrarily been directed to deposit an amount of Rs.34,63,107/- towards balanced amount along with compound interest with respect to the price of Plot No.M-1, Adityapur, District-Seraikella-Kharsawan allotted to him vide allotment order as contained in memo no.2172, dated 13^th October, 2011, the possession of which was handed over to him on 17^th January, 2024 in compliance of the order dated 15^th December, 2023

1

2025:JHHC:10633

passed in Cont. Case (Civil) No.813 of 2021 and order dated 7^th January, 2020 passed in W.P. (C) No.3970 of 2014.

Learned counsel for the petitioner submits that an amount of Rs.34,63,107/- demanded from the petitioner vide impugned letter no.05/AA.-229/12/799/AA, dated 1^st October, 2024 which also contains compound interest is completely arbitrary and illegal as the petitioner had already deposited Rs.5,20,000/- out of total consideration amount of Rs.8,64,717/- and the balance amount was deposited by him on 9^th February, 2024 i.e., after the possession of the said plot was handed over to him on 17^th January, 2024. Hence, the compound interest levied over the alleged balanced amount is not payable by the petitioner.

It is also submitted by learned counsel for the petitioner that the issue raised in the present writ petition is squarely covered by the order/judgment dated 23^rd August, 2024 passed in W.P.(C) No.4790/2023 [Vijay Shankar Jha Vs. the State of Jharkhand & Ors.] and other analogous cases. Hence, the present writ petition may be disposed of in terms with the aforesaid order/judgment.

Reference may be made to the order dated 2^nd April, 2025, whereby learned counsel for the respondentJharkhand State Housing Board was granted an adjournment to verify as to whether the present case is

2

2025:JHHC:10633

covered by the aforesaid judgment rendered in the case of Vijay Shankar Jha (supra).

Mrs. Sweta Shukla, learned A.C. to Mr. Sachin Kumar, Advocate, appearing on behalf of the respondentJharkhand State Housing Board, on instruction, submits that the present case is covered by the order/judgment passed in the case of Vijay Shankar Jha (supra).

Considering the aforesaid submission of learned counsel for the petitioner as well as the respondent-Jharkhand State Housing Board, the present writ petition is disposed of in terms with the order/judgement dated 23^rd August, 2024 passed in the case of Vijay Shankar Jha (supra) particularly paragraph nos.20, 21 & 22 of the same.

(Rajesh Shankar, J.)

Vikas/

3

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the demand of Rs.34,63,107/- (inclusive of compound interest) vide the impugned letter no.05/AA.-229/12/799/AA dated 01.10.2024 towards the balance price of Plot No.M-1 is arbitrary and illegal, given that the petitioner had already deposited Rs.5,20,000/- of the Rs.8,64,717/- consideration and deposited the balance only on 09.02.2024, after possession was handed over on 17.01.2024.medium confidence¶25
2.
Whether the present writ petition is covered by the judgment dated 23.08.2024 in W.P.(C) No.4790/2023 (Vijay Shankar Jha v. State of Jharkhand & Ors.) such that it may be disposed of in terms thereof.¶26
The court held
The present writ petition is covered by the judgment dated 23.08.2024 in Vijay Shankar Jha (W.P.(C) No.4790/2023) and is disposed of in terms with that order/judgment, particularly paragraph nos.20, 21 & 22 of the same.ratio¶32

Cases cited

Colour shows how this judgement treated each authority

AI extract

Vijay Shankar Jha Vs. the State of Jharkhand & Ors.Followed¶26
W.P.(C) No.4790/2023 [Vijay Shankar Jha Vs. the State of Jharkhand & Ors.]
W.P. (C) No.3970 of 2014Referred¶24
Cont. Case (Civil) No.813 of 2021Referred¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Letter no.05/AA.-229/12/799/AA dated 01.10.2024 (Annexure-7 to the writ petition), issued under the signature of the Revenue Officer, JSHB (respondent no.5), directing the petitioner to deposit Rs.34,63,107/- towards the balanced amount with compound interest with respect to the price of Plot No.M-1, Adityapur.¶21
Revenue Officer, Jharkhand State Housing Board, Harmu, Ranchi · 01.10.2024
Prior proceeding
Allotment of Plot No.M-1, Adityapur, District-Seraikella-Kharsawan to the petitioner vide allotment order contained in memo no.2172 dated 13.10.2011.¶21
Prior proceeding
Compliance orders preceding delivery of possession: order dated 15.12.2023 passed in Cont. Case (Civil) No.813 of 2021 and order dated 07.01.2020 passed in W.P. (C) No.3970 of 2014.¶24
Prior proceeding
Possession of the plot was handed over in compliance of the order dated 15.12.2023 passed in Cont. Case (Civil) No.813 of 2021.¶21
Prior proceeding
Possession of Plot No.M-1 handed over to the petitioner on 17.01.2024.¶25
Prior proceeding
Petitioner had already deposited Rs.5,20,000/- out of the total consideration amount of Rs.8,64,717/-.¶25
Prior proceeding
Balance amount was deposited by the petitioner on 09.02.2024, i.e., after the possession of the plot was handed over on 17.01.2024; counsel argued the levied compound interest thereon was therefore not payable.¶25
Prior proceeding
By order dated 02.04.2025, learned counsel for the respondent-Jharkhand State Housing Board was granted an adjournment to verify whether the present case is covered by the judgment in the case of Vijay Shankar Jha (supra).¶27

Parties & counsel

AI extract

petitioner
Srikant Singh¶4
Mr. Anish Kumar Mishra
respondent
The State of Jharkhand¶7
respondent
Jharkhand State Housing Board, through its Managing Director, Harmu, Ranchi¶8
Mr. Sachin Kumar, Mrs. Sweta Shukla
respondent
The Secretary, Jharkhand State Housing Board, Harmu, Ranchi¶9
respondent
Executive Engineer, Jharkhand State Housing Board, Adityapur, Seraikella-Kharsawan¶10
respondent
Revenue Officer, Jharkhand State Housing Board, Harmu, Ranchi¶11

Coram

AI extract

Rajesh Shankarauthor¶14

Case details

As recorded by the court registry

Court: Jharkhand HC
Decided on: 7 Apr 2025 · April
Registered: 25 Mar 2025
Case no.: WPC/1562/2025
CNR: JHHC010046712025
Bench: Rajesh Shankar
Disposal: Disposed Off
Case type: W.P. (C)

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Cite this judgement

Srikant Singh v. the State of Jharkhand, WPC/1562/2025 (JH), decided on 7 April 2025.

The High Court of Jharkhand publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited3

Vijay Shankar Jha Vs. the State of Jharkhand & Ors.Followed¶26
W.P. (C) No.3970 of 2014Referred¶24
Cont. Case (Civil) No.813 of 2021Referred¶24

Open Authorities

Procedural history8

Letter no.05/AA.-229/12/799/AA dated 01.10.2024 (Annexure-7 to the writ petition), issued under the signature of the Revenue Officer, JSHB (respondent no.5), directing the petitioner to deposit Rs.34,63,107/- towards the balanced amount with compound interest with respect to the price of Plot No.M-1, Adityapur.Revenue Officer, Jharkhand State Housing Board, Harmu, Ranchi · 01.10.2024
Allotment of Plot No.M-1, Adityapur, District-Seraikella-Kharsawan to the petitioner vide allotment order contained in memo no.2172 dated 13.10.2011.
Compliance orders preceding delivery of possession: order dated 15.12.2023 passed in Cont. Case (Civil) No.813 of 2021 and order dated 07.01.2020 passed in W.P. (C) No.3970 of 2014.

View full history

Bench / Coram

Rajesh Shankar

Parties & counsel