High Court Jharkhand High Court

Mahesha Nand Jha vs B.S.E.B. & Ors on 20 April, 2011

Jharkhand High Court
Mahesha Nand Jha vs B.S.E.B. & Ors on 20 April, 2011
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                In the High Court of Jharkhand at Ranchi
                       C.W.J.C. No.1829 of 2001
                 Mahesha Nand Jha .........................................Petitioner

                        VERSUS

                Bihar State Housing Board and others......              Respondents

                CORAM: HON'BLE MR.JUSTICE R.R.PRASAD

                For the Petitioner   :Mr.N.K.Sahani
                For the Housing Board : Mrs. I.Sen Choudhary


10 / 20.4.11

. Pursuant to the order dated 16.3.2011, counter affidavit has
been filed on behalf of Housing Board, Jamshedpur.

The order dated 16.3.2011 reads as follows:

“Learned counsel appearing for the petitioner submits
that after the allotment of house bearing no.MH-1/217,
Adityapur, Jamshedpur to the petitioner by the Housing
Board, tentative price was assessed at Rs.78,500/-. After
coming into possession, the petitioner paid a sum of
Rs.1,05,630/- as against the demand of Rs.78,500/-.
Further a sum of Rs.3,29,975/-was asked to be paid by
31.5.2000, which the petitioner did deposit within time
which would be evident from Annexure 4. Still deed of
conveyance has not been executed by the authority of
the Housing Board and therefore, the petitioner has
moved to this Court for a direction to the Housing Board
to execute deed of conveyance in favour of the petitioner
so far it relates to House No.MH-1/217, Adityapur.
However, learned counsel appearing for the Housing
Board submits that still something is due to be paid by
the petitioner and perhaps for that reason ,the deed of
conveyance is being not executed in favour of the
petitioner.

In view of the submission advanced on behalf of the
Board, let this matter be listed on 5.4.2011 so that in
the meantime, instruction be taken as to whether
any amount is due to be paid by the petitioner to the
Board.”

Learned counsel appearing for the petitioner submits that as per
the statement made in paragraph 5 of the supplementary counter affidavit, valuation
of the land adjacent to plot bearing no.MH-1/217 has been assessed as
Rs.4,56,510/- which the petitioner is ready to pay within a month.

In that view of the matter, this writ application is disposed of with
a direction to the Housing Board to execute deed of conveyance in favour of the
petitioenr so far it relates to House bearing No. MH-1/217 and the adjacent land
measuring an area of 380.425 sq. ft. immediately after the payment is made by the
petitioner who will be taking steps required for execution of the deed as well as its
registration.

Accordingly, this application is disposed of.

ND/                                                                       (R.R.Prasad, J.)